this week, the Senate is going to take up three Ninth Circuit judges, three Federal judges for the U.S. Court of Appeals for the Ninth Circuit. And in the process, the Biden administration is going to smash an institutional and constitutional norm between the executive and legislative branches, particularly the executive branch, the White House, and the U.S. Senate that every U.S. Senator--all 100 of us-- should be concerned about. Let me explain. This is a really important issue. Article II, section 2, of the U.S. Constitution says the following: [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. Now, that includes Federal circuit court judges, Throughout this, article II, section 2, provision of the Constitution, it says: ``[W]ith the Advice and Consent of the Senate.'' We are ``of the Senate,'' right here. And this week, we will be voting on three U.S. court of appeals for the Ninth Circuit. Now, this provision in the Constitution, like so many which gives the U.S. Senate the exclusive right for the advice and consent power, was the result of compromise. If you look at the history in Federalist Nos.…
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