Quote:
Originally Posted by maskedmelon
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If you are required to obtain consent from an entity before acting then that entity holds authority over you and you are therefore subordinate to it. That is why the Supreme Court is supreme. It's actions are not subject to the approval of any other power.
Most processes do not originate at the top of power structures. They originate at the bottom and are passed up the change.
Does the president hold power because he can initiate the process? Sure, but he must submit to the will of the senate and that makes his power subordinate. The senate has no need to submit to him.
The opposite is true with respect to law. The legislature is subordinate to the president in the creation of law.
What you are arguing is akin to saying children are not subordinate to their parents because they can formulate a particular plan on their own, whether they need to obtain their parents' permission or not.
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Subordinate does not mean "they must both act to accomplish x".
Subordinate means "lower in rank or position" or "under authority or control".
Neither the executive or legislative are under each other's authority, but each get a say in the appointment. They both hold power over the process, but that power is clearly unequal. Being able to select the nominee is a position of
slightly greater power than simply being able to
approve that selection.
A child is subordinate to a parent because the parent has authority over the child, and no matter what plan they formulate, the parent can veto it. The child only has as much control over shit as the parent gives them.
The Supreme Court has various checks; it must rely on enforcement, it can only rule on what is presented to it, and the constitution can be amended to overpower judicial decisions.
But this semantic bullshit is beside the point.
Delaying appointment for petty partisan reasons, even if it is allowed by the Constitution, harms the country, and is contrary to the spirit of the Constitution and the spirit of compromise that is essential to democracy.