Quote:
Originally Posted by well named
I'm getting the impression that you think the Senate is obligated to confirm nominees as long as they are (minimally?) "qualified", without regard for other political/ideological considerations.
I'm not really sure why you think Senators have such an obligation to forego other considerations in their role in confirming nominees.
"[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; 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, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
advise and consent
"While several framers of the U.S. Constitution, such as the Thomas Jefferson and James Madison, believed that the required role of the Senate is to advise the President after the nomination has been made by the President,[1][2] Roger Sherman believed that advice before nomination could still be helpful.[3] President George Washington took the position that pre-nomination advice was allowable but not mandatory.[4] The notion that pre-nomination advice is optional has developed into the unification of the "advice" portion of the power with the "consent" portion, although several Presidents have consulted informally with Senators over nominations and treaties."
The president chooses the judge, the senate can advise and consent.
it's transformed into this circus of asking judges hypotheticals, and RGB was awesome when she declined but thats what they still do today.
but the president gets to choose his judges. always has.
bork was declined. miers probably would not have been confirmed so she backed out
but neither of these were based on their decisions made or how they would hypothetically rule in a case