Nothing in the upcoming nomination and confirmation of a new Supreme Court Justice deviates from the form, function and purposes of American representative democracy. Democrat threats, schemes to overthrow the existing judicial structure by packing the Supreme Court and mob violence notwithstanding, the Constitution does not limit Presidential authority to nominate Justices for open Supreme Court seats in election years. Nor does the Constitution limit the Senate's ability to give or withhold consent to such nominations in election years.
American representative democracy is easy to understand and explicitly recited in the Constitution. The "people" vote in organized elections and on a regular schedule. The will of the people is expressed in the winners of those elections. The Constitution vests persons elected to various offices with the Constitutional powers of the offices to which such persons are elected during the terms of such offices. The people then repeat the cycle of rejecting or ratifying what the elected officers did during the time the officers exercised Constitutional power.
Article II, Section 1 of the Constitution provides for the election of a President and describes the manner of conducting such an election. Donald Trump was elected President in conformity with the Constitution, and in the same manner as every President since 1876, the last time an election went to the House for resolution. At the time of Justice Ginsburg's death Donald Trump remains President of the United States.
Article II, Section 2 provides the duly elected President with sole authority to nominate justices of the Supreme Court. There is now a vacancy in the Supreme Court. President Trump has full Constitutional authority to appoint someone to fill that vacancy. Nothing in the Constitution even implies Presidential authority expires one minute before expiration of a Presidential term.
Nor does anything in American history suggest judicial vacancies are not filled during presidential election years. In 1956, President Eisenhower was running for reelection just like President Trump in 2020. Ike nominated William J. Brennan to fill the seat left open by Justice Sherman Minton's abrupt retirement, only six weeks before Election Day. Brennan became Justice Brennan by way of confirmation on October 16, 1956-twenty days before Election Day. President Eisenhower rolled to a landslide reelection.
Since the Brennan confirmation, Justices Powell, Rehnquist and Kennedy were all confirmed by the Senate in a presidential election year. Both Justices Powell and Rehnquist were confirmed in 1972, Richard Nixon's reelection year, before the election. The public liked the results because they reelected Nixon in a forty nine state landslide and did not switch the Senate.
This brings us to the other half of our representative democracy, the Senate. Since adoption of the 17th Amendment the people vote directly for Senators. Article II, Section 2 appointments require the advice and consent of the United States Senate. In 2014 the people voted for a Republican majority in the Senate. The Republican campaign specifically included blocking then President Obama's judicial nominations. Justice Scalia's surprise death and the Constitution provided then President Obama the opportunity to make a third nomination. Merrick Garland was duly nominated by the then sitting President, Obama in a clear and lawful use of Article II, Section 2 Presidential powers.
The Constitution does not mandate Senatorial confirmation of every or any Presidential nomination, however. Quite the opposite, the nominee is rejected if the Senate does not affirmatively give consent. In 2016, the duly elected Senate majority exercised its Constitutional authority and denied consent to the Garland nomination, as the Republican majority had promised they would do if given the majority. Judicial nominations became a major issue for the people to decide in the 2016 Presidential and Senate elections. The people could have responded to the Garland nomination by electing a Democrat president and/or by electing a Democrat Senate. The people did neither. The people elected a Republican President and a Republican Senate, indicating a preference for Republican judicial nominations.
President Trump made many judicial nominations, including Justices Gorsuch and Kavanaugh (only a month before Election Day 2018) by the 2018 elections. The people ratified the appointments and confirmations by expanding the GOP majority in the Senate. Again, the preference for Republican judicial nominations was clearly expressed in the election results because that power stayed in GOP hands with an expanded Republican majority.
Everything about the Garland nomination in 2016 and the nomination to be named later this week has been done pursuant to the will of the people and in the due and lawful exercise of Constitutional authority by the President and the Senate. The system has functioned exactly as it was designed to function and has functioned during many previous election year SCOTUS nominations.
All the Democrat rants merely further evidence their rejection of American Constitutional democracy. Democrats no longer believe in a process in which they are denied electoral victories. The will of the people, expressed in real election results gave Republicans the power and duty to nominate a Justice and consent to the nomination.