So what is the best way to come as close as possible to representing what the majority of Americans wants in picking the individuals to fill the judicial slots?There is no credible assertion the President's nominees are not qualified for the positions to which they are nominated. It's time for the Democrats to end the filibusters and allow each nominee to have an up or down vote. Failing a sudden recovery of a sense of responsibility by the Democrats, the Republicans must bring the filibusters to an end and free the President's nominations.
The best answer is to allow the President to have his choice. The effort of electing the President engages the entire country. He's the one person who represents us all, and the Electoral College process gives recognition to the individual states in a way that gives far more regard to the people of the large states than the Senate does. This is not to say the Senate ought to do nothing with it's advise-and-consent role. It ought to at least ensure that the President doesn't stock the courts with unqualified cronies. But if the President selects worthy jurists, there is a limit to how much a minority of Senators should be able to accomplish.
Monday, May 23, 2005
the role of the US Senate
Ann Althouse sums up well the correct role of the US Senate in the confirmation of the President's nominees to the judicial branch: