Didnt work out so good. If donald trump wants to go after my brother, man, i think that wont be helpful. All right now on Fox News Sunday. And hello again from fox news in washington. First, the news that broke late saturday, the death of Supreme Court justice Antonin Scalia. The passing of this conservative giant leaves a big hole in the court. And it sets off a fierce struggle of a weather barack obama should name his successor or leave that to the next president. Well ask two leading candidates for the white house, marco rubio and democrat Bernie Sanders in a few minutes. Fwifrt, lets bring in fox news chief Legal Correspondent shannon breen, reporting from the Supreme Court. Shannon . Chris, hes been described as larger than life and that was true of just Antonin Scalia on and off the bench. He was a spirited jurorist an unapologyetic of his philosophy. Constitution. I ask, what did those words mean to the society that adopted them . Thats the same thing i do with legislation. What do those words mean . Whats the fair understanding of them . Scalia was known for being rather immovable once he reefd a decision and had fiery dissent when on the leezing end of an opinion. Dissenting from the courts decision to legalize gay marriage last year, he felt the majority ignored the will of millions of americans who had voted at the state level to preserve the traditional definition of marriage. Scalia wrote, a system of government that makes the people suborder nant to a kmstcommittee of none lekted lawyers does not deserve to be called a democracy and now a showdown over his replacement. I plan to fulfill my Constitutional Responsibilities to nominate a successor in due time. There will be plenty of time for me to do so and for the senate give that person a fair hearing and a timely vote. Senate majority leader republican Mitch Mcconnell says he believe that should be left to the next president. And while that partisan fight plays out, the court is left to wrestle with the key decisions this term on affirmative action, abortion, the president s use of executive power and the hhs contraceptive mandate. In these cases as in any others, if the court issues a 44 decision that essentially just leaves the Lower Court Ruling in effect. Chris . Shannon, thank you. Now to the race for the white house. Were just six days from South Carolinas first in the south primary. And last night a smaller field of republicans held their final debate before that key contest. Fox News Senior National correspondent john roberts reports from greenville where scalias death and vacancy on court was a big issue. John . Good morning to you, chris. This morning ben carson likened it did illuminate sharp differences between the candidates on policy and personally. But the debate started off with a rare moment of agreement over the passing of Supreme Court justice Antonin Scalia. I believe that president should not move forward and i think that we ought to let the next president st United States decide who is going to run that Supreme Court. I think its up to Mitch Mcconnell and everybody else to stop it. Its called delay, delay, delay. The senate needs to stand strong and say were not going to give up the u. S. Supreme court for a generation by allowing barack obama to make one more liberal appointee. Well, that was about the end of getting along. From there on in, waits a free for all, highlighted by a declaration of more between donald trump and jeb bush. Donald trump was building a reality tv show, my brother was building a Security Apparatus to keep us safe. He has the resol to have go after my mother. He has the gal to go after my mother. A big part of jeb bushs strategy in South Carolina is to be the only one to stand up to donald trump and to try to punch him as hard as he can, chris. Well find out if it worked the week from now. John roberts reporting from South Carolina. John, thanks for that. And senator marco rubio who was trying to rebound from a shaking debate performance last week in New Hampshire, senator auto rubio, welcome back to Fox News Sunday. Thank you. Thanks for having me back. Last night you said that president obama basically doesnt have the right to appoint scalias successor. Take a look. I do not believe the president should appoint someone. Its not unprecedented n fact, its been over 80 years since a lame duck president has appointed a Supreme Court justice. Now, senator, when you say lame duck, president obama has reelected in 2012. You are saying that no president can appoint someone to the Supreme Court in their second term . Illegal. He most certainly has the power to nominate someone. Is xleer. Were not moving forward until after this lection. The main reason is this president is no longer hes this was early in the second term, thats one thing. But he has less than a year left in office. The voters the Supreme Court justices. Theyre not in year round. So they can get through this term of the Supreme Court with all of the decisions. Theyve done this before. And then there will be an election in move. Well have a debate about what kind of justice should replace scalia. The voters are going to get to vote for a new president. I think this will be part of the calculus calculus. I think we should wait until after november before we move forward on confirming any justice to the Supreme Court. The president can nominate whoever he wants. But the senate is not going to act. That is pretty clear. Were not moving forward. Ronald reagan named Anthony Kennedy to the Supreme Court in november of his seventh year. And kennedy was actually confirmed in reagans eighth year. Are you saying somehow that november is okay but three months later is over the line . Yeah. Again, i mean, i dont it doesnt really matter what theyve done, reagan did in 87. It was 87 whether he nominated him. Obviously, it was early in the year. This is november, october, september of last year where the president had more than a year left in office than perhaps this will be a different discussion. But he now has basically about 11 months and 10 1 2 months left in office. We have an election coming up. There will be a debate over what the Supreme Court justices should be like. And voters are going weigh in in november. Theyre going to lekt a new president. I think the president should allow the next president to appoint the justices to the Supreme Court and if its me, and i anticipate that it will be, im going look for someone in the mold of Justice Scalia who while irreplaceable is a great jurorists in american history. You got into quite a battle with senator ted cruz over immigration. Here some of that. The lines are very, very clear. Marco right now supports citizenship for 12 Million People here illegally. I oppose citizenship. This is a disturbing pattern now. For a number of weeks, ted cruz has been telling lies. He lied about ben carson in iowa. He lies about marriage. Hes lying about all sorts of things. Now he makes things up. Senator, what do you think of ted cruz . I like ted. In this campaign and the last few weeks he has kind of developed a disturbing pattern of telling things that simply are not true. Just this week aloerngs he had an ad pulled off the air because it lied about sanctuary cities and immigration. He also, by the way, lied about my position on marriage, my position on planned parenthood. We saw what he did to ben carson. He keeps actsing like it was a when it per campaign. Out to his activists in iowa telling them to inform people at the caucus site that ben carson dropped out. Donald trump made an allegation last night, i dont know if its true or not about, the robo calls happening here now. And then he portrays himself as an immigration purist. Hes always been strict on immigration. Its just not true. When it comes to the issue of people that are in this country illegally, he argued passionately in favor of doing something for them, like, legalizing them and bringing them out of the shadows. So he wasnt telling the truth then or hes not telling the truth now. But to portray himself as a consistently does that hes the only conservative in this race, i mean, its just not true. And i think thats being exposed here at this campaign. Senator, i also want to ask you about your closing Statement Last night which has tracted some attention. You said under president rubio, we are going to be a country that says that marriage is between one man and one woman. Now as you well know, the Supreme Court has ruled the that are you calling for a constitutional amendment . , no youll have a president that says marriage is between one man and one woman. Ultimately, the decision to define marriage has an end to regulate it especially has always belonged to the states. Level. The constitution already says that. The constitution is pretty clear if it doesnt define a power to the federal government, it doesnt belong to the federal government. But, wait a minute. Thats why the decision by the Supreme Court on thissish sue wrong. You are going try to overturn the Supreme Courts decision . I mean that, is the law of the land. A president cannot overturn a Supreme Court decision. I can tell that you i believe more justices like scalia and any justice irrespective of the personal view on the definition of marriage who is someone who is going to apply the constitution as originally meant by the society that wrote those words at the time will tell that you the issue of marriage regulating it and defining it has never belonged to the federal government. Ed that Court Decision should be overturned on the basis of the if you want to change the definition of marriage go, to your state legislature and have the debate there. I believe it should be between a man and woman. Ill engage in that debate. But your elected representatives at the state level will decide it. It doesnt belong in the sfralfederal courts. A president cannot overturn a Supreme Court decision. As you know too well, one of the big stories going into last night was your, i think you would agree, shaky performance in the debate in New Hampshire. Do i think that last night you, one dshgs the damage from that debate, should people who suddenly began to worry, is this the guy we want to put up in the general election against the democratic nominee . Have you eased those concerns . Yeah. Chris, if you follow yeah, you have now. Youve been part of two of them. We had nine debates. In 8. 75 of the debates, ive done very well according to everyone who watches them. I had one ba bad answer to questions, obviously. Voters opined that way. I took responsibility. But im very proud of my debate performances consistently throughout this process and again last night. And heres the key, if im the nominee, i look forward to debating Hillary Clinton or Bernie Sanders. One of the points im making is i should be the nominee because not only am i as conservative as anyone running, im the conservative that wins. I consistently beat Hillary Clinton in poll after poll and i think last night with the passing of Justice Scalia, we are reminded of how important this election is, how high the stakes are and why we must win. I am the conservative that United States the Republican Party, that grows it that, wins this election, and that begins the important work of undoing the damage barack obama has done to us. Senator, you and your farmer mentor, jeb bush, are in a battle at least right now in the polls for third place in South Carolina for whos going to be the leading establishment candidate. You say he has no Foreign Policy experience but hes been firing back recently. Take a look. Marco can say that he has a that he goes to Committee Hearings and talks to people . Thats fine. Thats the job of a senator. But what is the record of accomplishment . Senator, what about that argument . He ran a big state eight years and you attend hearings. First of all, that is not the extent of my experience. He has no Foreign Policy experience. As weve gone on to say, his Foreign Policy experience consists of the fact he lived overseas for a period of time when he was young. And he invests overseas and lead trade missions. That is not Foreign Policy experience. Its doing what i did, leading the effort to impose additional sanctions on hezbollah. Foreign policy experience is doing as i did, when i helped lead the effort to impose tangs sanctions on human rights violators in venezuela. Foreign policy experience is doing as i did when isis first popped up warning quickly while the president was saying this is a jv team and no one else was consistently warning about isis. About what is going to happen in libya, about the situation now in syria, about the fact that putin would conduct their strikes in the middle east two weeks before he actually started doing those things. Thats Foreign Policy experience on which i have achievements. Jeb has no Foreign Policy experience, period. That is the most important job of this president. Im ready to be the commander in chief and head of our Foreign Policy on the first day in office. Senator, we have a minute left. During the last weeks debate, you supported extending the draft, signing up for the draft. Two women said you have no problem with anyone serving in combat as long as they can meet the standards. But this week you seem to flip on that saying that you dont support women signing up for the draft or making them serve in combat. Why the change, sir . It isnt a change. Selective service is not the draft. Selective service is basically a list of peoples names. Second, just because someones anyone ever will in the future that is not nature of modern warfare, but just because someone is drafted doesnt mean youre drafted into combat. My point, is again this is another thing ted cruz was putting out there that wasnt true, he was saying that i was in favor of forcing women into combat, drafting them and forcing them. I am the father two of girls that are much closer to combat age than anybody else out there about. My oldest daughter is 16 years old. Im not in favor of her being drafted and forced into combat. Im actually in favor of a voluntary arms forces. Im not even sure we need Selective Service anymore. Do you believe that she should and any woman should have to sign up for Selective Service . Im open to Selective Service being opened up to women that want to be a part of it. Ive never said and i dont support is that we are going to draft women and force them into combat roles. Thats absurd. I never supported that. Ive also said that if a woman wants to serve in a combat role and can meet the minimum would be open to that. By the way, minimum requirements for combat service apply to both genders. Its not just women that have to meet it. The men have to meet it as well. There are many men that dont meet the combat standards. The idea that were going to draft women and force them into combat, i never said that. That is not my position. And all i said is im Selective Service is just a registry of names. For a draft thats never going to happen. I dont know why we still have Selective Service. Senator rubio, thank you. Thanks for making time for us, and, of course, well follow how this week goes for you and all the other candidates in South Carolina. Thank you, sir. Thanks, chris. Up next, well bring in our sunday group to discuss the death of Justice Scalia and the politics of an opening on the Supreme Court in the midst of a president ial election. My computers dying again. Youll need to email us so we can issue you a ticket. But youre right here. Its protocol. Or, you can try Staples Tech Services next day guarantee. Its fast and done right. Ill do that instead. Thats not protocol marsha. In by noon, out by 5 the next day. You cant predict. The market. But at t. 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