Patrick Leahy: “When it comes to the judiciary, the independent judiciary, the branch of Government always looked at with most favor and…”

“When it comes to the judiciary, the independent judiciary, the branch of Government always looked at with most favor and most respect by Americans, wouldn't it be good if the President, in making his nominations, would act as a uniter, not as a divider? Instead, the President has acted as a divider, not a uniter. He has sent the Senate divisive and controversial nominees. When the Senate debates them and withholds consent, he stubbornly renominates them over and over again. Rather than work with us to find consensus nominees, which usually pass this Senate 100 to nothing, he disparages us and exploits the issue as a partisan matter. Under our Constitution, the Senate has an important role in the selection of our judiciary. The brilliant design of our Founders established the first two branches of Government would work together to equip the third branch to serve as an independent arbiter of justice. As George Will once wrote: ``A proper constitution distributes power among legislative, executive and judicial institutions so that the will of the majority can be measured, expressed in policy and, for the protection of minorities, somewhat limited.'' The structure of our Constitution and our own Senate rules of self- governance are designed to protect minority rights and to encourage consensus.…”