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To: xzins
Rather than give ANY nominee an up or down vote, only those nominees the president INSISTS upon after debate and reflection MUST receive an up or down vote.

I hear you on that sentiment, but it rubs me the wrong way. The Senate has a Constitutional advice and consent rule for the president's Supreme Court nominees. For lesser judical offices, the Congress can legislate that the President appoint the officers directly. Point being, the Constitution doesn't demand a "hands on" role for the Senate for Circuit or District Court judges. The Senate is sticking its hands into the President's business much farther than it is empowered to.

I don't mind the Senate holding an advice and consent role for Cirucuit and District Court judges, but by golly, I think they have a duty to vote.

Could the Senate refuse to vote up or down on a treaty? Could it refuse to conduct an impeachment trial? The Constitution doesn't, after all, recite a duty to do either of those. It give the Senate the power. The only reasonable read is that where the power impacts other branches, with the power comes a duty to exercise it.

52 posted on 05/14/2005 4:49:14 PM PDT by Cboldt
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To: Cboldt

We have retained the president's power to nominate AND to get an up or down vote. The advice of the Senate with the "half-filibuster option" would be that he think real hard on this one and then bring it back again if he's determined.

It preserves the vaunted "minority voice" AND it gives cover to Rino senators.


56 posted on 05/14/2005 4:55:25 PM PDT by xzins (Retired Army Chaplain and Proud of It!)
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