Post-O’Connor Sniping
Posted by: Dale Franks
The QandO Blog
Friday, July 01, 2005
The war over a replacement for Justice Sandra Day O'Connor has begun with sniper fire from the Senate's minority leader, Harry Reid (D-NV).
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Above all, Justice O’Connor has been a voice of reason and moderation on the Court. It is vital that she be replaced by someone like her, someone who embodies the fundamental American values of freedom, equality and fairness.
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I think we all know what that means. "No conservatives need apply," or, "Don't even think about nominating Sam Alito."
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The Constitution gives the President and the Senate shared responsibility to fill this vacancy, because the President may only act with the “Advice and Consent” of the Senate. At this critical moment, the President must recognize the Senate’s constitutional role. He should give life to the Advice and Consent Clause by engaging in meaningful consultation with Senators of both political parties.
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Maybe the Senator should crack open a copy of The Federalist. As Alexander Hamilton puts it in Federalist #76, the president has no duty whatsoever to consult with the Senate:
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In the act of nomination, his judgment alone would be exercised; and as it would be his sole duty to point out the man who, with the approbation of the Senate, should fill an office, his responsibility would be as complete as if he were to make the final appointment.
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The Democrats are essentially attempting to make a move towards usurping presidential prerogatives in the appointment process. Their demand is "Give us the appointment we want, or we will never approve it." Well, they can vote however they want, but the president has no duty at all to consult with them at any time when making an appointment.
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