Right now under existing law there is a difference in outcome. If the Senate refuses to vote at all, then the President can make the recess appointment. But if the Senate does its constitutional duty, votes, and votes someone down, that person cannot be appointed. I think that is very good, because that means a nominee and a President have that right to a vote. It is more likely to require a vote. If we were not to adopt this amendment, then the consequence of not voting and of voting someone down would be the same, and there would I think be fewer votes, more nominees killed silently, and I do not think that is appropriate. I have to say, when we talk about prerogatives, if we talk about something that entirely affects the internal operations of one body or the other, I think we should defer. But when we are talking about public officers of the United States, then I think it is reasonable for us to do it.
Barney Frank: “Right now under existing law there is a difference in outcome. If the Senate refuses to vote at all, then the President…”
On the recordJuly 25, 2001
Source
govinfo.govEditor's note · Context
Discussing the implications of Senate voting on presidential nominations.
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