Republicans wrong on Scalia’s replacement

Presidential candidate Ted Cruz tweeted: “We owe it to him, [Scalia] & the Nation, for the Senate to ensure that the next President names his replacement.” Mitch McConnell suggests that by deferring the nomination to the next president the people will “have a say” in selecting the next justice.

Historian Gary Wills, writing for the New York Review of Books, begs to differ. Moreover, it seems that Mr. Cruz’s embrace of the Constitution does not extend to actually reading it or understanding its authors’ reasoning. Wills:

One thing the framers of the Constitution set out to prevent was a popular say in who should be a Supreme Court justice. The aim of the document was to ensure there would be an independent judiciary—independent of Congress (by ensuring justices’ salaries), independent of changing administrations (by granting them life tenure), and not subject to popular election. This ideal could not be perfectly reached, and changes in the Constitution have made it even harder to attain. But those who profess an absolute devotion to the Constitution should at least pay it some lip service.