Peace through victory - the American way.

Tuesday, May 24, 2005

Advice And Consent?

Here's the filibuster buster. The two penultimate paragraphs are a hoot. They state the belief of the 14 Senators that the Advice and Consent clause means that the President should consult with the Senate before he makes a nomination. Trouble is the text of the clause in the constitution doesn't support that interpretation. Here's what the constitution's clause says:

"and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other Public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States ..."


The clause thus provides the President with the sole power to nominate judges after which the Senate gives its advice and consent on the nomination. It may be smart practice and politics to consult with the Senate before making a nomination but in no way is it required by the constitution. For these Senators to say so is grandstanding at best and a power grab at worst.

-tdr

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