On the recordFebruary 24, 2016
former Chief Justice Warren Burger once explained the historical significance of the U.S. Constitution as follows. He wrote that ``in the last quarter of the 18th century, no nation in the world was governed with separated and divided powers providing checks and balances on the exercise of authority by those who governed.'' The Chief Justice went on to call the Constitution ``a remarkable document--the first of its kind in all of human history.'' Chief Justice Burger was right. The Constitution is remarkable, and it is remarkable not only for what it says but how it says it. In some places the Constitution speaks in poetry, like the Preamble that begins with ``We the People of the United States,'' and talks of ``a more perfect Union'' and ``the Blessings of Liberty.'' In other places, the Constitution is simple prose, but given the importance of every single word in the text of the Constitution, the Founding Fathers wrote in plain, concise, and understandable language. That clarity can be found in the advice and consent clause of article II, section 2. Its words could not be clearer. It simply states that the President of the United States ``shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, and Judges of the supreme Court.'' There is no ambiguity there. It is not an invitation to reinterpretation. The President's obligation under the Constitution is crystal clear.…





