John Sarbanes: “for the second time in 4 months, the Senate is being called upon to carry out one of its most important constitutional…”

“for the second time in 4 months, the Senate is being called upon to carry out one of its most important constitutional responsibilities, which is to give its advice and consent to a nominee to be a Justice on the Supreme Court of the United States. We have many serious responsibilities in this body, but I must say I think this one ranks at or near the very top of any of the decisions we will be called upon to make. That is because it falls uniquely to the nine Justices of the Supreme Court to expound and interpret the Constitution and the laws passed pursuant to it. The installation of two new Justices within a short time period has the potential to alter fundamentally the constitutional framework that protects the rights and liberties of the people of this Nation. Once again we see the argument being made that the President is entitled to his nominee, and that the Senate's role in the appointment process is limited to confirming the President's choice, barring some serious disqualification with the nominee. In effect, the presumption-- a very heavy presumption--it is argued, is with the nominee and his confirmation. In my view, this is not what the Constitution provides in requiring the Senate's advice and consent to a nominee to the Federal bench, which is, after all, a third, separate, independent branch of our national Government.…”