On the recordMarch 9, 2016
the opening words to the preamble of the Constitution of the United States are familiar to all of us: ``We the People.'' But what do those words mean? It was ``the People'' who established the U.S. Constitution. We established, among other things, the Senate in article I, section 1, of the Constitution. It is for ``the People'' that my colleagues and I, along with every other public official across these United States, now serve. And it was on behalf of ``the People'' that the Constitution established ``one supreme Court,'' consisting of judges appointed ``by and with the Advice and Consent of the Senate.'' Since the tragic passing of the late Justice Antonin Scalia, there has been a great deal of debate about this particular provision of the Constitution. But there should be no controversy. The text of our founding charter is clear. The President has full and complete power to nominate individuals to the Supreme Court, and the Senate has full and complete power to reject or confirm the nominee. It is as simple as that. Indeed, the Senate retains complete discretion with respect to whether it should even consider--much less accept or reject--Presidential nominees. This should not be controversial. It is how virtually every student of the Constitution--and how nearly every Member of Congress--has understood the Senate's power of advice and consent for the past 228 years since the Constitution was ratified.…
