states senate risk politicizing a branch of the united states government that's supposed to be insulated from politics. and that's -- that certainly is part of the stakes here. look, the other part of, the other stakes involved here are the fact that we have a supreme court right now that is functioning with a vacancy. obviously not how the founders certainly, again is inconsistent with the expectations of the american people. >> you said there's a risk of politicizing the supreme court. to you mean to suggest that the president is not looking at the political associations of potential nominees? would he be willing to appoint a republican? mr. earnest: i think the president laid out in his post on the scotus blog today, some of my colleagues are joking it's the potus blog on the scotus log, but he made clear the qualities he's looking for for a nominee. there's no reference to a nominee's political affiliation or which candidates they have supported in the political process. there's no reference to the political party he or she has joined. the president is focused on criteria that frankl

that reflects the responsibility united states senate. no party is solely responsible for the way that this process has become so politicized in recent years. institutional responsibility the republicans have. to winent years fighting the majority of the united states senate. we have talked at some length about how that comes with certain responsibilities. they have to pass a budget, raise the debt ceiling, it also comes with the responsibility to offer advice and consent on the president's nominee to fill a super court vacancy. -- supreme court vacancy. as the president alluded to regrets the vote frankly,ade because, democrats should have been in a position where they were making a public case. they should have looked for a way just to throw a sand in the gears of the process. looking back on it, the president believes he should have followed his own advice and made a strong public case on the merits about his opposition to the nomination that president bush put forward. [indiscernible] >> if you believe that the president should have m

this is a sad day for one of the proudest committees in the united states senate. so i ask, is this the legacy that he wants? is this how he wants his committee work remembered, as a chairman who refused his duty and instead allowed the republican leader to ride roughshod over the jurisdiction of the committee chairman. the strengths of the judiciary committee in senate have been legendary. no majority/minority leader could tell a chair what to do with his committee. that was off-balance. but it doesn't appear so now. in abdicating his responsibility, the senate has always held republicans -- has always upheld -- never in the history of the cou, has the senate ever refused to do anything. republicans are setting a dangerous precedent for future nominations, not only for the supreme court but for the senate itself as an institution. yesterday the senate historian's office reported that the denial of committee hearings for a supreme court nominee is unprecedented. if that's unprecedented, how about the fact you won't even meet with the person who's been nominated? if

that's been the tradition of the united states senate. of course, every senator has the right to vote no. senators were elected to six-year terms by the citizens of their state and have the right and obligation to vote. president obama was elected by the people of the united states for a four-year term and has the right and obligation to nominate. history has shown that when the roles were reversed and the democrats held the majority in the senate, supreme court and judicial nominees for republican presidents were given hearings and up-and-down votes regardless of when the vacancy occurred. justice kennedy was confirmed for the supreme court in the last year of president ronald reagan's final term in 1988. other examples of presidential election year confirmations include justice murphy in 1940, justice cardozo in 1932 and justice brandeis in 1960. and the democratic-controlled senate confirmed numerous judicial nominees of president george w. bush throughout his final year in office, including nearly a dozen judges in september, 2008, ju

the united states senate in the past has taken unilateral action. we know that we are much better off with multilateral sanctions. a lot of times it starts this way. it started this way with iran. over time, we were able to build worldwide support or mostly worldwide support towards isolating them and causing them to come to the table. again, this entity, this country is much further along. hopefully we'll have the same success, but we have to realize this is going to take, because of the 20 years of efforts that they have under way and especially the bold steps they have taken since 2003 that senator gardner so aptly outlined in an earlier discussion, we will have to do far more than this. we need to put this in place but we're also going to have to remain diligent and keep moving ahead, and it may take additional actions down the road. it's certainly going to take tremendous oversight and involvement by the administration and the administration to follow and the administration after them. this is a great step, though, for the united states senate.

the united states senate in the past has taken unilateral action. we know that we are much better off with multilateral sanctions. a lot of times it starts this way. it started this way with iran. over time, we were able to build worldwide support or mostly worldwide support towards isolating them and causing them to come to the table. again, this entity, this country is much further along. hopefully we'll have the same success, but we have to realize this is going to take, because of the 20 years of efforts that they have under way and especially the bold steps they have taken since 2003 that senator gardner so aptly outlined in an earlier discussion, we will have to do far more than this. we need to put this in place but we're also going to have to remain diligent and keep moving ahead, and it may take additional actions down the road. it's certainly going to take tremendous oversight and involvement by the administration and the administration to follow and the administration after them. this is a great step, though, for the united states senate.

states senate. are also want to assure you the president's consultation as he considers this decision will not just be limited to sitting members of the united states senate and as the president has more of those meetings and conversations we will do our best to know about those as well. certainly starting with the two leaders of the senate and the judiciary, it is an appropriate way to begin the conversation, both the president and the united states senate fulfilling their constitutional duties. >> they didn't run through that. >> don't want to get into details of the conversations, i would not rule out particular nominees, i just would say the president is serious about robust consultation with democrats and republicans in the united states senate, those conversations will continue, there's no reason necessarily the last conversation the president had with chairman grassley before he chooses the nominee. suspect it won't be. i do suspect has long as the chairman of the judiciary committee, you won

reeves. >> i'm running for the united states senate to affect real across the state. i grew up in the family with my mother and father and my dad did not have any education. he worked hard and he ended up working for a united states senator for many years. i will make one promise to you i will not let you down. i served 20 years in the military and retired as an officer in the pentagon and i know what it's like to serve soldiers and can -- civilians. i worked very hard drama career to be fair. i am asking for your vote please vote ernest reeves for the united states senator.>> mr. rey. >> democratic voters in this primary need an individual who has economic policy experience. 70 who works at the local level, federal level, and state level. the democratic voters in this primary want an individual with policy experience. an individual who has had an opportunity to work with vemes and the challenges of our nation. i'm a member of the national truman security project was theirs -- which is an organization that focuses on national security from a progressive standpoint. it

states senate. we've seen unambiguous statements from people like senator kirk and senator collins that a hearing should take place. i certainly value their opinion. i think senator mcconnell does too. but i think the opinion that we all value the most is what's required by the united states constitution. and the institution of the united states senate has a duty to function and ensure that the supreme court of the united states has what's required to function as the founders sbebleded. reporter: you still think there's a -- mr. earnest: founders intended. reporter: reporter: so you think there's still a chance of it? mr. earnest: absolutely. i think based on what senator kirk and collins and senator coates has also indicated that he believes that he said, if the president nominates someone, which is his choice, i think that person would deserve a hearing. senator blunt said, i certainly don't mind taking a vote on this issue. neither said coates nor senator blunt represents a state that president o

the american people expect that the united states senate will do their job. and right now you have members of the united states senate suggesting that they're not going to do their job for the next 11 months. and i think that's a position that's rather difficult to justice -- justify. but that's something that they'll have to determine. they'll have to determine for themselves whether or not this is a position that they can maintain. the president certainly is intent on following through on his constitutional responsibilities. the president will do his job. and in fact his team is already hard at work preparing materials for him so he can eventually choose the best person to fill the vacancy at the supreme court. the kinds of people who would be considered for a position like this i think are well are that every debate that takes place -- well, let me say it this way. certainly in the modern era, anybody that's been nominated to the supreme court has gone through a rigorous vetting process. it's not supposed to be an easy process. and i don't think the expect

states, in the a back bencher to the united states senate. >> reporter: jeb bush has made an issue of rubio's lack of experience all week. today the super pack supporting bush featured its first tv ad featuring george w. bush. >> i know jeb. i know his good heart and his strong backbone. >> reporter: scott, top republicans say trump can win without the months of organization and money that ted cruz, john kasich and jeb bush have devoted to new hampshire. >> pelley: major garrett in new hampshire, major, thank you. speaking of jeb bush, he finished sixth in iowa and he's at 10% in new hampshire. well, today norah o'donnell spoke to him and his mother, former first lady barbara bush. >> just a few years ago you said house. i knew you were going to bring that up. and i said it because it is such a sacrifice for his family, but now i know he is so needed that he has to run. >> pelley: you can see more of norah's interview with jeb and barbara bush tomorrow on "cbs this morning." hillary clinton's campaign has been facing questions about her decision as secretary of state to use an unsecur

people who ran for the united states senate a confirming judges. thatis certainly something senate candidate observe is part of the responsibility of individual united states senators. the other part that is relevant here is we actually have a historicalrelevant analogy to draw. democrats in 1988 found themselves in the same position. they were in the majority in the senate and there was a republican in the white house. there was a vacancy on the supreme court, and there was a question they faced about if they were going to vote in a presidential election year to confirm the president's nominee to the supreme court. and even though they were not in the same party as the president, they fulfilled their constitutional responsibility and they did it even though it was an election year. our expectation is that senate republicans would do the same. the fact that senate democrats did it right in 1988 does not absolve the entire democratic party over the course of history from the role they to aplayed in construing politicized process. president obama ack

of thesad day from one proudest committees in the united states senate. the strength of the committee chairman in the united states senate have been legendary. majority, minority leader. it was off-balance. abdicating his responsibility. they have refused to do anything, even meet with the person that has nominated them. and the senate itself as an institution. they reported that the denial of committee hearings is unprecedented. about the fact he wanted to meet with the person that was nominated? that a memberfact of the u.s. senate won't even go to the white house to talk to the president about filling the supreme court seat? chairman --diciary it is quite an achievement. but it should not make you very proud. it's not what iowa wants. fewer than six iowa newspapers issued scathing editorials calling on senator grassley to change course and get a supreme court nominee the respect he or she deserves. we were especially disappointed joined thek grassley partisan crowd calling for the delay. a flagrant, outrageous, shameful, and boldfaced partisanship. quo

states senate here. so you believe the presidency is only three years long in each term? i mean, if we go down this road, we're cutting off a presidency with a year to go. and more importantly, senator cruz, the risk here for conservatives is that if you have all these 4-4 ties in the court, then the more liberal leaning circuits will then have, you know, their rulings will take precedent. >> look, the consequence of a 4-4 tie is that the judgment of the court of appeals is affirmed by an equally divided vote. this has happened many times in history that there have been vacancies, sometimes on a closely contentious case they'll hold over for the next term when the replacement justice arrives. in an election year we have a long tradition that a lame duck president doesn't get to jam a supreme court nominee through in the very end. lbj tried that and the supreme court rejected it. and particularly when the court is 5-4 is balanced an obama liberal nominee would dramatically shift the u.s. supreme court. >>

of thesad day from one proudest committees in the united states senate. the strength of the committee chairman in the united states senate have been legendary. majority, minority leader. it was off-balance. abdicating his responsibility. they have refused to do anything, even meet with the person that has nominated them. and the senate itself as an institution. they reported that the denial of committee hearings is unprecedented. about the fact he wanted to meet with the person that was nominated? that a memberfact of the u.s. senate won't even go to the white house to talk to the president about filling the supreme court seat? chairman --diciary it is quite an achievement. but it should not make you very proud. it's not what iowa wants. fewer than six iowa newspapers issued scathing editorials calling on senator grassley to change course and get a supreme court nominee the respect he or she deserves. we were especially disappointed joined thek grassley partisan crowd calling for the delay. a flagrant, outrageous, shameful, and boldfaced partisanship. quo

states senate? it is true under our constitution the president of the united states has a unique role in the authority to make a nomination to fill this vacancy. it is also true the senate has an essential and unique role to play as well. the founding generation regarding the senates role and the important process as quote a critical protection against and nothing less. that means the united states senate has a separate and unique role to play , and certainly a coat equal role with that of the president in the process to fill vacancies on the courts. we are not, and the constitution never comprehended we would ever be a rubber stamp for the president of the united states. another president, president president obama would love to nominate somebody and have his months of office as he is heading out the door perhaps fill this vacancy which in the case of justice scalia was filled for 30 years. far extending resident obama's term of office. that is not what united states is we are coequal branch of gov

if you look at the minority in the united states senate in a year when -- four years where nothing got done, it's hard to say there are accomplishments. >> reporter: rubio's competitors desperate to gain ground in new sham shire. >> his whole life has been around his own ambitions. he's gifted. he can turn a phrase really well. but what has he done. is a guy who's only done one thing in the united states senate, that is write an amnesty bill for the immigrants. >> reporter: reforming the va and fighting human trafficking. >> we have real achievements, not just in the u.s. senate but my time as speaker of the house and as a state legislator. >> reporter: rubio trying to stay above the establishment fray and so is john kasich, campaigning at concord high school. >> are you the president? >> yes. >> did you run a negative campaign? >> wouldn't it be great you could run for president just like you run for class president, where you just tell people what you're for, instead of spending your time trashing somebody else. >> reporter: donald trump's trashing everyone else, slamming all politic

if you look at the minority in the united states senate in a year when -- four years where nothing got done, it's hard to say there are accomplishments. >> reporter: rubio's competitors desperate to gain ground in new sham shire. >> his whole life has been around his own ambitions. he's gifted. he can turn a phrase really well. but what has he done. >> the fact is, this is a guy who's only done one thing in the united states senate,

states senate. i think in many ways it's an embarrassment in a some of my colleagues would not only ask the president not to do his job, a job that our constitution instructs him to do, but they would also shirk their own duties to provide advice and consent to the president simply because it is not a good political time to do it. it says something, i think, pretty terrible about congress if the senate now is making determinations about how a popularly elected president, regardless of political party, regardless of whether that president is popular in this chamber or not, is no longer allowed to perform the duties of that office and nominate and receive a vote on the supreme court nominee of his choosing. it's a disappointing day when some senators will tell the president, don't even bother because we will not even consider or even talk to your nominee. this is before the president has even announced or named a nominee. and it's particularly frustrating to those of us who really want the senate to w

i don't think you've ever seen a united states senator disliked by more united states senators than ted cruz is disliked by the united states senate. he can't get one endorsement out of there. not one positive word about his candidacy from anybody else working in the senate. >> so what? >> have you ever seen that? >> 51,000 people in iowa loved him. they voted for him. he's got thousands of grassroots supporters on the ground here and everywhere all across america with conservatives who are in that reagan coalition tradition who are working vehemently as hard as they can to make him the next president of the united states. >> it's just that the people -- who cares what the insiders feel. we're running against the establishment. it's a badge of honor. >> two words, goldwater. there are two models for what you're talking about. one is ronald reagan, that worked out very well for you. but the other is barry goldwater. and it seems to me in terms of charisma and appeal and crossover appeal, he is much closer to barry goldwater than he is to ronald reagan. and the dislikability in the senate

he never got a chance to make a vote during the entire time in the united states senate. we know that is how some people act when they don't get to wait. tantrums are in appropriate for the senate. i think if my friend senator biden had been in the chamber today he would have said, as you have heard him say so many times, that is a bunch of malarkey. i didn't come to talk about the minority leader but i wanted to follow-up on my remarks earlier this week on the biden rules. senator biden didn't make these

chris, you know the politics of this. >> yeah. >> the united states senate, will it be a functioning chamber this year? or could this fight shut the entire senate down for the year? so i generally put myself in the 1% of most cynical people about politics. i was surprised that mitch mcconnell came out with a statement as quickly as he did saying not it's unlikely that president obama's nominee will go through, there's no point in president obama putting a nominee forward. you then saw harry reid respond. given that and given what we've heard from ted cruz, donald trump, marco rubio. i think mitch mcconnell will feel under considerable political pressure. i know he just got re-elected but considerable political pressure to shut this thing down before it ever starts. >> and, gwen, this is the base. they don't want to see even a chance that somebody could get confirmed. on the other hand there's five blue state republicans who do they want to look like obstructionist? basically he's got a tiger on one end and the cliff on the other, i think. >> it's the box that mr. mcconnell has been i

have treated the united states senate. mark: rubio versus trump is already pretty incredible, at this point who is winning? just want to deposit for a moment, it's not incredible. it's like oh my gosh, oh my god, oh my god, oh my god, my god. it is a completely crazy race so far. thought to rubio was great last night on the debate stage. , themorning, rubio performance he gave, i thought rubio was funnier and more loose. then you see the master there. when he is in full wrecking ball mode, it was an unprecedented takedown. call him a thug, might call him a bully. into full attack dog mode, stand back. goodness there is another republican debate. going to be fascinating to see them on the stage. think the problem is he is not really driving a frame on trump, -- we have the guy said one million things about him. saying he is a con artist. i get where he is coming from on that but he is not restricting himself to that. i think it is fair to say rubio chances, andt his decided he needed to radically shake up the race with a ve

convention do for the united states? >> thank you, senator, for the opportunity. let me begin in response by saying that i have been, i have talked to quite a few folks who are opposed to united nations commission on law of the sea and i've been informed by them and i appreciate their position. i understand their position. i don't agree with it but, acknowledge there are good reasons, there are reasons to oppose unclas. first it gives us credibility in the international space because we lack today simply because we're not signed on uncalas. in military sense, projection of power, whether we sign on to unclas or not will not affect that. i think by not signing on to it, that we lose the credibility for the very same thing that we're arguing for, which is following accepted riles and norms in the international arena. you know, united states is a beacon, we're a beacon on a hill but i think that light is brighter if we sign on to unclas. we'll find ourselves in this odd situation here in the few months if, if, the international tribunal on the law of the sea agrees w

. >> every morning when a united states senator wakes up, they think about what kind of speech can i give or what kind of bill can i drop? when i wake up, i think about what kind of problem can i solve for the people that elected me. you have not been involved in a consequence shakon consequence shall decision where you need to be held accountable. when you talked about the hezbollah bill, you weren't there to vote for it. that's not leadership, that's truancy. >> truancy, that means "you're a kid." >> chris christie has been making this attack for weeks, if

saying president obama will get no chance to move his nominee through the united states senate. rubio has a very important week of campaigning ahead. a south carolina based campaign team. a lot of pros according to a lot of analysts here. rubio hoping to cut into that lead over the course of the week. a strong performance in south carolina his team hopes will bolster forward. rubio trying to get back the momentum after the wake of the iowa finish. miguel and alison. >> thank you, phil. hillary clinton and bernie sanders, of course, taking the opposite stance. surging a swift nomination by the president and immediate confirmation by the president. >> the president has the right to nominate the supreme court justice. the united states senate has the responsibility under our constitution to act on the person that the president appoints. >> the constitution is pretty clear and that is it is the job of the president of the united states to appoint and nominate members to the supreme court and the senate confirms. president obama, in my view, should make that nomination. i hope he doe

is one of the skills you get at the united states senator esp also? >> oh, god! hold on. wait a second! >> sounds like socialism to me. democratic socialism. >> what's the difference? >> huge difference. >> huge? >> huge. >> as i said, an interesting week. and new hampshirere voters are notorious for making their minds up late. channel for full coverage of theprimary. we'll be back as the campaign cowboys to give you an early read when the first results start coming in. that's it for today. have a great week. and we'll see you next "fox news >> announcer: the following is a paid presentation for the nuwave oven pro, brought to you by the makers of the nuwave precision induction cooktop. [ ...] professional chefs create great-tasting meals from years of experience and by using professional equipment. and now you can too, with the nuwave oven pro, the number-one countertop oven

is one of the skills you get at the united states senator esp also? >> oh, god! hold on. wait a second! >> sounds like socialism to me. democratic socialism. >> what's the difference? >> huge difference. >> huge? >> huge. >> as i said, an interesting week. and new hampshire voters are notorious for making their minds up late. be sure to tune into fox news channel for full coverage of theprimary. we'll be back as the campaign cowboys to give you an early read when the first results start coming in. have a great week.

none of that happens on the floor of the united states senate. it's a fine job. i'm glad you ran for it. but it doesn't prepare you for president of the the united states. >> reporter: perhaps the real story of the night was the governors, christie, case kasich, and bush. >> we have to come together. party and ideology second in the backseat of this country. that's what we need to do. >> reporter: jeb bush went after trump on the issue of imminent domain. until trump shushed him. >> let me talk. quiet. booing ] >> reporter: trump takd the audience. >> that's all of his doerns and special interests out there. so -- that's what it is. >> reporter: i have never seen that before. a candidate on the stage attacking the debate audience. with just two days to go until the new hampshire primary, the candidates are hitting the stage hard. i count 15 events today, that's all before the super bowl. >> i'm going to pick it up from here, jon. how many times have you said, i have never seen that before on the campaign trail? >>> it was uncomfortable at times for marco rubio. h

. >> i'm running to become your united states senator. >> she's backed by power house senators, but she'll have to beat out two other candidates for the nomination. >> welcome. katie mcginty is running to unseat pat toomey. in the presidential race she is supporting hillary clinton. but for her chance at a senate seat in washington, she'll have to first defeat two other candidates, s fetterman remains relatively unknown in that this side of the seat. he endorsed bernie sanders early. joe sestak is also running. he angered party leaders by taking on arlen speck tar. he has not endorsed either clinton or sanders. the winner takes on pat toomey. toomey backs rubio calling him a thoughtful conservative leader who will appeal to voters in the keystone state. a recent poll finds nearly two-thirds of the registered democrats still don't have an opinion of the primary hopefuls. for those who have a favorite, setak leads, mcginty, and then fetterman. there's a margin of error of 5%. joining me is katie mcginty. thank you for joining me. we're going to talk about your views and campaign, but first l

the second best job is being able to to represent your home state in the united states senate and remind all the other senators that the best job in america is being governor of your home state. [laughter] and you need to remember that when you're trying to be governor of the united states, leave that responsibility to the governors and focus on the purely federal issues that the congress and the president are supposed to deal with. thank you very much. [applause] >> we'll get a picture in just a minute. let me, we're on a tight schedule. we thank everybody. we certainly want to thank our nga staff for helping us organize this event. it's been a very productive weekend. we thank you for your participation. we've had great participation from the governors. thank our great and esteemed vice chairman, terry mcauliffe. we want to thank scott, david and nga staff for the work. again, reminder, we'll reach out to you to get your recommendations of what we want to highlight in the book on state success and spotlight some of the great things you're doing in the respective states and territories