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MasterJaguar01 -> RE: ANOTHER MASSIVE WIN FOR TRUMP - Gorsuch Confirmed! (4/8/2017 11:14:53 AM)
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ORIGINAL: Kirata
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ORIGINAL: MasterJaguar01quote:
ORIGINAL: Kirata
Article II, Section 2 does not lay out any specific procedure by which the Senate can refuse its consent. It does not indicate whether it must do so by taking a vote, or whether it can simply refuse to consider the president’s nominee at all. ~Source
You are correct. Section 2 does not lay out any specific procedure by wich the Senate can refuse its consent. However, it DOES specify the SCOPE of the Advice and Coonset, which the Senate can give. (Which is to the nominee. (NOT the process as a whole)
It doesn't "specify" anything of the kind:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. ~Source
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ORIGINAL: MasterJaguar01
There is NOTHING in Section 2 which gives the Senate the power to NOT consider the nominee at all.
You are contradicting yourself: "Section 2 does not lay out any specific procedure by wich the Senate can refuse its consent."
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ORIGINAL: MasterJaguar01
Acoording to my and the Heritage Foundation's interpretation, must confirm the nominee or reject the nominee ONLY for a compelling reason.
To "interpret" a law to "mean" something that it does not say is to abandon the rule of law altogether.
K.
1) Yes, in my opinion, it most certainly does specify the scope. It doesn't say "The Senate shall proviide advice and consent on which Presidents shall be allowed to nominate people, and for how long. It says, "The President shall nominate, by and with the advice and conset of the Senate". (Which absolutely specifies the scope of the advice and consent too the President's nomination. (The dependent clause, as the Heritage Foundation refers))
2) I am not contradicting myyself at all. You are ssimply not understanding the issue
3) To your statement:. To "interpret" a law to "mean" something that it does not say is to abandon the rule of law altogether.. Yes. I agree. The trick with the Constitution, since it most certainly could be far more clearly writtten than it is, is to interpret it to mean something that it DOES say. I and the Heritage Foundation bellieve we have done that iin this case.
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