On the recordJuly 11, 2013
this morning a significant debate began on the floor of the Senate as to how to make the Senate function within the framework of the Constitution and within the norms and traditions of the Senate. Indeed, the Constitution envisioned three coequal branches of government, and it provided checks and balances. One of those was that when the President nominates individuals for executive branch positions, Congress could serve as a check. Specifically, the Senate was given that power, to review the qualifications and make sure there was not something outrageous about the nomination, as a check on the Executive. This principle was embedded as a simple majority review. Indeed, in the Constitution, it is in the same paragraph that lays out a supermajority standard for treaties, but retains a simple majority standard for reviewing executive branch nominations. The Senate in recent times has started, however, to use the privilege of having your say; that is, everyone should be heard before a decision was made, as a way to change that fundamental principle in the Constitution from a simple majority to a supermajority. We can't close debate here in the Senate without a supermajority. Even though no one has anything else to say, that power has been used to prevent a simple up-or-down vote.…





