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Levin: ‘You Can Kiss What’s Left of the Constitution Goodbye’ If Obama Replaces Scalia

By Jose R. Gonzalez | February 16, 2016 | 2:32pm EST
Nationally syndicated radio talk show host Mark Levin. (AP Photo)

On his nationally syndicated radio show Monday, Mark Levin discussed the ramifications of President Barack Obama nominating Antonin Scalia’s replacement to the Supreme Court, saying Americans “can kiss what’s left of the Constitution goodbye.”

“If we give this seat of one of the most brilliant constitutional originalists in American history to Barack Obama, you can kiss what’s left of the Constitution goodbye,” stated Levin. “That court will have enough members to decide what decisions it will take, what cases it will take — it only takes four justices. That court will ram through one decision after another. We won’t see anything like it since the FDR Court and the Warren Court. And it won’t matter how many elections we win. It won’t matter what kind of legislation is passed at the federal and state levels. We will have, in fact, we will have in truth, a judicial oligarchy – a judicial oligarchy.”

Here is a transcript of what Mark Levin had to say on his program:

“Because everybody knows that Barack Obama, that Barack Obama looks for every opportunity to destroy the institutions of this government. And he’d like nothing more than to take over the Supreme Court the way he’s taken over the treaty provision of the Constitution, the way he’s taken over the spending clause, the power of the purse from the Congress, or the way he’s taken over in many respects legislating from Congress with his executive orders. And so, he’d like nothing more than to take over the Court.

“The Court has many, many crucial decisions before it. It’s way too powerful. I’ve talked about it. I wrote about almost 11 years ago now in ‘Men in Black.’ I’ve referred to it in all my books, most recently ‘The Liberty Amendments.’

“These justices and that court have an enormous impact on your life, and if they don’t comport – if their decisions don’t comport with their Constitutional limits – it’s devastating. To just beat your chest about nationalism and pluralism and not really understand the consequences of what you’re doing is a mistake, a terrible mistake.

“Now, let me add this: If we give this seat of one of the most brilliant constitutional originalists in American history to Barack Obama, you can kiss what’s left of the Constitution goodbye. That court will have enough members to decide what decisions it will take, what cases it will take — it only takes four justices. That court will ram through one decision after another. We won’t see anything like it since the FDR Court and the Warren Court. And it won’t matter how many elections we win. It won’t matter what kind of legislation is passed at the federal and state levels. We will have, in fact, we will have in truth, a judicial oligarchy – a judicial oligarchy. As a matter of fact, the subtitle of my book ‘Men in Black’ is ‘How the Supreme Court is Destroying America.’ That’s 11 years ago — my first book.

“It is the absolute constitutional and moral obligation of the Republicans in the United States Senate to refuse to give their advice and consent to any justice, to any would be justice, that Barack Obama proposes – any of them.

“There is simply nothing in the Constitution that compels the Senate to act on a nominee. Nothing. There’s nothing in Madison’s notes at the Constitutional Convention in 1787 that even suggests it. There’s nothing in any of the ratification debates that I’ve read when I prepared ‘The Liberty Amendments’ that even suggests it.

“But even more, thanks to the left, thanks to the statists, the Court’s power has changed. It affirmatively and aggressively seeks to remake Americans social engineer the nation. And there are very few ways to fight back, but one of the best ways, and one of the most powerful ways, is to just to say no.

“‘Article 2, Section 2, Clause 2: The President shall nominate and by and with the consent of the Senate shall appoint,’ and it goes on. With the advice and consent of the Senate. If the Senate refuses to take it up, the Senate refuses to give its advice and consent, it is not compelled to. There is nothing in our history that requires it to.”

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