Judicial Nominations, Filibusters, and the Constitution: When a Majority is Denied Its Right to Consent : Hearing Before the Subcommittee on the Constitution, Civil Rights, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, First Session, May 6, 2003, Volume 4 |
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Common terms and phrases
Abe Fortas advice and consent amend American appeals court nominees Appointments Clause Article bipartisan body Bruce Fein Bush's Chairman CORNYN Chemerinsky Chief Justice Claremont Institute cloture vote Cong CONGRESS THE LIBRARY Congressional constitutional constitutionality Court of Appeals D.C. Cir debate Democrats Erwin Chemerinsky federal courts federal judges Federalist Fein filibuster filibuster rule Fisk floor Fortas Framers full Senate GREENBERGER Hatch hearing invoke cloture John Cornyn judicial confirmation process judicial nominees judicial vacancies LIBRARY OF CONGRESS litigation Lloyd Cutler majority rule majority vote Miguel Estrada minority of Senators nomination Patrick Leahy political present President Bush President Clinton President's Priscilla Owen procedures Professor Gerhardt proposal question Republican role Senate majority Senate Rule XXII Senate vote Senate's Senator Feingold Senator SCHUMER simple majority Standing Rules statement Subcommittee supermajority requirement Supreme Court treaty U.S. Const U.S. Court U.S. Senate unconstitutional United States Senate violate Washington White House
Popular passages
Page 119 - Plainly, the central idea of secession, is the essence of anarchy. A majority, held in restraint by constitutional checks, and limitations, and always changing easily, with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people.
Page 130 - Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion...
Page 368 - President shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court...
Page 157 - ... speaking on any other subject, except where the house have occasion for facts within his knowledge ; then he may, with their leave, state the matter of fact 3 Grey, 38. No one is to speak impertinently or beside the question, superfluously or tediously.
Page 318 - Assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding Assemblies, constituted with powers equal to our own, and that therefore to declare this act irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present or to narrow its operation, such act will be an infringement...
Page 373 - The sole and undivided responsibility of one man will naturally beget a livelier sense of duty, and a more exact regard to reputation. He will, on this account, feel himself under stronger obligations, and- more interested to investigate with care the qualities requisite to the stations to be filled, and to prefer with impartiality the persons who may have the fairest pretensions to them.
Page 136 - ... of proceeding established by the rule and the result which is sought to be attained. But within these limitations all matters of method are open to the determination of the house, and it is no impeachment of the rule to say that some other way would be better, more accurate or even more just.
Page 339 - Hence it is that there can be but few men in the society, who will have sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions for the ordinary depravity of human nature, the number must be still smaller of those who 215 unite the requisite integrity with the requisite knowledge.
Page 97 - ... the general rule of all parliamentary bodies is that, when a quorum is present, the act of a majority of the quorum is the act of the body. This has been the rule for all time, except so far as in any given case the terms of the organic act under which the body is assembled have prescribed specific limitations.
Page 117 - Senate, or the unfinished business, is presented to the Senate, the Presiding Officer shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the Secretary call the roll, and, upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by...