On the recordFebruary 26, 2003
I think the point that has been made by the Senator from Colorado is an appropriate one, citing the editorial from the Denver Post, I guess it was. And it raised a constitutional issue which is an issue that has not been discussed here very much. Knowing that the Senator is one of the leading authorities in the Senate, and really in the Nation, on the issue of constitutional law, I would be interested in his interpretation of article II, section 2, of the Constitution, which says--and I will simply read it-- He-- Referring to 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. . . . The implication being that it does not take two-thirds to appoint a judge but, rather, a majority. Is that your interpretation of the Constitution? And what is the implication of moving to a 60-vote majority in order to appoint a judge?
Said by
Judd Gregg
Source
govinfo.gov