03 March 2010

Advice and consent

When I got home from class the other evening, Sherry was watching some PBS show about Dolly Madison.  I knew the name from the snack cakes, but never understood why her name was associated with them.  Other than that, all I really knew about her was that she was the wife of James Madison and all I really knew about him was he was President after Jefferson and during the War of 1812 (something else I didn't know a great deal about, which sounds pretty sad as I type that sentence out).  I now have a great deal more respect for him.  Although accused of cowardice and all sorts of things, he strongly believed that the rule of law was important.  In a time of war, he felt it important that the opposition voice be heard and refused to jail his opponents (as had been done by some of his predecessors who are held up by some as almost gods).  It was a very interesting program, especially in light of my view that Washington is currently crippled by a lack of civility.  It was apparently worse in the early 19th century, although they weren't doing it to posture in front of TV cameras then.  At least, today congresscritters aren't killing each other in duels (and/or otherwise physically assaulting each other) that spill out from arguments on the floor of the Senate or House.  I wonder if Michelle Obama could pull of what Dolly Madison did getting members of both parties to at least talk civilly to each other in a social setting at the White House.  I guess we'll never know because I just don't think it could happen today.  Anyway, my rant today is because several Senators (Bunning is the latest) have used a silly Senate rule to block all judicial appointments.  I know this isn't the first time that either party has played this game, but I think it is time to consider changing the Senate rules.  Article II, Section 2 of the US Constitution gives the President the power "by and with the advice and consent of the Senate" to 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" (http://www.usconstitution.net/xconst_A2Sec2.html).  I have no problem with that provision of the Constitution.  I also don't really have a problem with the Senate voting down a nominee on ideological grounds, that has been happening since 1795.  I would, however, like to see them at least have an up or down vote on the nominees so that the positions don't remain vacant for years on end.  As I said, I know this has been a problem for both parties, but I think it is abusing the advice and consent power granted in Article II.