Plainly, this is a victory for Democrats, in interpreting "advice and consent" as a great role for the Senate. Implicit is that the Senate may also give consent under its own rules, whatever they may be, and there is no requirement that a President "get his nominees."
Read the conclusion (emphasis added):
"We Believe that, under Article II, Section 2, of the United States Constitution, the word "Advice" speaks to consultation between the Senate and the President with regard to the use of the President's power to make nominations. We encourage the Executive Branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.
Such a return to the early practice of our government may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate.
We firmly believe this agreement is consistent with the traditions of the United States Senate seek to uphold.
Wednesday, May 25, 2005
Posted by The Law Talking Guy at 2:06 PM