John Sarbanes: “in the complex institutional framework established by our Founding Fathers, members of all three branches of our…”

“in the complex institutional framework established by our Founding Fathers, members of all three branches of our national government take an oath to support the Constitution. However, it falls uniquely to the Supreme Court of the United States to expound and interpret the Constitution and the laws passed pursuant to it so that our governing law remains true to the basic principles upon which the Nation was founded. The Senate's role in giving advice and consent to the nomination of the men and women who serve on the Supreme Court for a life tenure is amongst the Senate's most important constitutional responsibilities. The argument is made by some that the President is entitled to the confirmation of his or her nominee unless that person is shown to have a serious disqualification. On the contrary, it is my view that the Senate's duty to advise and consent on nominations is an integral part of the Constitution's system of checks and balances among our institutions of government. Nomination does not constitute an entitlement to hold the office. Although all Presidential nominations require the most careful and independent review, judicial nominations differ from nominations to the executive branch in two important respects. Within the constitutional framework, the judiciary is a third coequal branch of government, independent of both the executive and legislative branches.…”