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Thursday, July 14, 2005

Hatch speaks on the nomination process

Senator Orrin Hatch, who as Chairman of the Judiciary Committe during the Clinton years had a key role in the confirmations of Ruth Bader Ginsburg and Stephen Breyer, has written an excellent article over at NRO regarding the fallacious arguments being made by Senate Democrats as they prepare to fight President Bush's nominee.

As Hatch says:
The Constitution has established a judicial-selection process by clearly assigning separate roles for the president and the Senate, giving authority to nominate and appoint judges to the president. Some senators and left-wing groups, apparently unwilling to accept that elections have consequences, seem to accept this arrangement only when it produces judges they like. If not, they prefer to talk about alternative arrangements that they either make up out of thin air or that the Constitutional Convention rejected.

Unfortunately, even some Republican Senators, like Arlen Specter and John Warner, have bought into the fallacy that the President is Constitutionally required to seek their advice on who he might nominate. Hatch deftly reminds his colleagues what the Constitution actually says, and wisely suggests that they heed its instructions.

2 Comments:

Blogger Virginia Centrist said...

What? All it says is advise and consent, right?

It's vague. It doesn't spell anything out specifically.

Anyone (on the left or the right) who claims that their side is backed up by the Constitution needs to stop drinking the koolaid.

1:57 PM

 
Blogger SurfandTurf said...

"...by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court..."

For the past 200 years it has been the accepted precedence that the president nominates, and the Senate votes, up or down.

Interpret however you feel, but the Republicans are at least backed by precedence Virginia Centrist. Maybe you should refrain from drinking too much of your own Kool-Aid.

4:08 PM

 

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