On Tuesday, Minority Leader Nancy Pelosi addressed the Congressional Black Caucus during its ceremonial swearing-in of members.
During Pelosi’s remarks, she attacked Senate Republicans for blocking President Obama’s Supreme Court nomination of Merrick Garland.
“In the past couple of years, there has – I don’t want to be partisan here – but there has been here, an attempt on the part of some in the Congress to block this president from appointing a justice of the Supreme Court. Something that has never happened before.” Pelosi told the audience.
“The Constitution says the President shall nominate, the Senate shall review that, to confirm,” Pelosi went on to say.
Pelosi seemed to get at least one important detail of the U.S. Constitution wrong.
According to Article II, Section II, Clause II of the Constitution:
“The President…shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law….”
At no point does the Constitution say that the Senate must confirm the nomination of the president.
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