When I was growing up, there was a tradition in the Senate that I observed as an outsider, of course, about how the Senate handled its constitutional function of giving advice and consent for presidential nominees. The Senate pretty much understood on the basis of a bipartisan consensus that its role was secondary, that its power was a check rather than a primary power to appoint people, either to the executive branch or to the judicial branch. I observed that Senators pretty much voted to confirm Presidential nominees if they believed those nominees were competent and if they believed those nominees were honest, and they did not inquire too greatly of the nominees' philosophy for the executive or into the nominees' jurisprudence for the legislative. Unfortunately, I think we will all agree, that consensus has broken down over the last few years. What we are experiencing now from the Senators who are opposing and filibustering the Estrada nomination is so extreme given the past traditions of the Senate that it threatens the spirit and, I argue, even the letter of the Constitution.
James M. Talent: “When I was growing up, there was a tradition in the Senate that I observed as an outsider, of course, about how the…”
On the recordFebruary 25, 2003
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govinfo.govEditor's note · Context
Discussing the breakdown of Senate traditions regarding presidential nominations.
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