When the Founding Fathers created the three branches of our constitutional republic, they recognized it was essential for the judiciary to refrain from exercising its will instead of judgement. Otherwise, the judicial branch would become a de facto legislative branch. But under the Obama administration, the judiciary usurped the role envisioned by the Founding Fathers by twisting the Constitution to advance its own policy agendas.

With nearly 140 lower court vacancies, President Donald Trump has been determined to address America’s judicial crisis and nominate judges who are committed to adhering to the Founders’ vision of a judge’s proper role – not making the law, but rather interpreting and applying it fairly. Unfortunately, Senate Democrats are putting nominees through time-consuming parliamentary procedures, boycotting committee meetings, calling for recorded votes instead of allowing voice votes, insisting on cloture filings for every nominee, and invoking arcane parliamentary procedures to stall and delay.

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One such delaying tactic they are using is the “blue slip,” which allows a single senator to stop judicial nominees for federal district and circuit courts. If a senator doesn’t return a blue slip to the committee chairman on a nominee from his or her state, by tradition that nominee may not get a hearing.

Blue slips are inconsistent with the Constitution’s advice and consent clause in that they delay or even deny a Senate majority from giving its consent. The Senate did away with the filibuster for presidential nominations because it gave a minority the power to deny a Senate majority from working its will and that power was being abused.

The blue slip is even more insidious in that it gives a single senator the power to obstruct a nomination. Why should one senator still be able to block a nominee when, under filibuster rules revised in 2013, 41 can’t?

The purpose of the blue slip has always been to ensure that the president engages in good-faith consultations with a judicial nominee’s home state senators, an appropriate objective since the president has a constitutional obligation to seek Senate advice, and home state senators may have valuable insight on a nominee. But that goal can be achieved without allowing individual senators to arbitrarily hold nominees hostage.

Especially so since President Trump’s lower court nominees are qualified and respect the rule of law. Many nominees garner wide support in the legal community and across the political spectrum. David Stras, nominated to the 8th Circuit, is one such example. Having clerked for Supreme Court Justice Anthony Kennedy, Stras has been praised by his colleagues on the left and right for his objective and impartial approach toward the law.

In a letter to the Senate Judiciary Committee, more than 100 Minnesota lawyers and former Minnesota Supreme Court justices praised his “stellar qualifications” and described him as a “top-notch jurist.” Despite the outpouring of support, Minnesota Sens. Al Franken Alan (Al) Stuart FrankenGOP Senate candidate says Trump, Republicans will surprise in Minnesota Peterson faces fight of his career in deep-red Minnesota district Getting tight — the psychology of cancel culture MORE (D-Minn.) and Amy Klobuchar Amy KlobucharBattle lines drawn on precedent in Supreme Court fight Sunday shows - Ruth Bader Ginsburg's death dominates Klobuchar: GOP can't use 'raw political power right in middle of an election' MORE (D-Minn.) have refused to turn in their blue slip for Stras.

Who is hurt by this kind of obstruction? The people living in the five states comprising the 8th Circuit. Judicial vacancies will lead to case backlogs, which will delay our fellow citizens getting their day in court. As we all know, justice delayed is justice denied. And when their cases finally do come up, they will be heard by overworked judges.

The blue slip is a committee courtesy now being wielded by those discourteous to the president’s constitutional authority to appoint lower court judges – to the detriment of our judiciary and our country. The blue slip is not required by the Constitution and in fact often frustrates the Senate’s constitutional authority to provide consent. And what was once a tool to flag potentially troubling nominations is now being used exclusively as a political cudgel against the president.

If we want to have a functional judiciary, Americans need to mobilize to defend the courts and push Congress to end the political blue slip process. As a veteran who swore an oath to defend the Constitution, I know that we deserve more than senators prioritizing partisanship over confirming judges who will uphold the Constitution that I fought for.

Mark Lucas is the executive director of Concerned Veterans for America.

The views expressed by this author are their own and are not the views of The Hill.