Federal Judges – What does “advice and consent” mean? (April 29, 2005)
Does the President have the Constitutional right to name whomever he pleases to be Federal judges? According to Section 2 of Article II, he certainly does. But the Constitution also requires the Senate to give its’ “advice and consent.”
“Advice and consent” clearly refers to a simple majority vote unless otherwise specifically stated. For example, that same section requires a two-thirds majority for the passage of treaties.
There has been much talk about a “nuclear option.” The press has failed to report that the Democrats went “nuclear” when they launched an unprecedented filibuster in clear violation of the Constitution.
To restore the rule of law, the Republicans have devised a plan: A simple majority can declare this Democrat filibuster illegal and contrary to the Constitution. With the filibuster broken, the full Senate will then be able to vote on the President’s nominees.
The Democrats have threatened a nuclear response by shutting down most government functions. This obstinacy may help to explain why the voters of this great country have turned to the Republicans for the rule of law, leadership, and good government.
Republican State Central Committeeman
Ohio’s 14th Senate District