General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsProposed Constitutional Amendment 28.
"The right of the Senate to exercise advice and consent defined in Article II Section 2 to appointments by the President of the United States shall be limited to 180 days after the nomination shall have been transmitted to the Senate. If, after, a period of 180 days, the Senate has failed to act on the nomination, the President's nominee shall assume the office to which he or she has been nominated by the President."
I think this would have gone a long way to limiting the power of a thug like Moscow Mitch from working so hard to destroy the constitution.
Does anyone agree?
Bayard
(22,005 posts)60-90 days.
Under The Radar
(3,401 posts)relayerbob
(6,537 posts)Would have become permanent.
This is mostly window dressing, IMO.
unblock
(52,116 posts)True, it would prevent the senate from completely ignoring a nomination, but all they'd have to do would be to formally reject it one way or another.
They could have a sham hearing and a floor vote. Or they could kill it in committee. They could even change senate rules to make it harder for nominees from an opposing party president to succeed, e.g., by requiring unanimous approval of all major committee chairs.
I can't think of any way to force the senate to say yes to a nomination without allowing the president to completely render the senates advice and consent power meaningless.
For instance, if the senate was required to confirm one of three nominees, the president could nominate three the one he wanted and two others that were ridiculously extreme or otherwise impossible for the senate to confirm.
Retrograde
(10,128 posts)They can't use the excuse of "I would have voted for that nominee but Mitch never brought it up". Since the GOP is the party of individual responsibility they should be OK with that.
unblock
(52,116 posts)procon
(15,805 posts)Same thing should apply to any pending legislation and the filibuster.
These politicians were elected by American citizens to make the federal government work for them, to improve their lives and offer more opportunities to find success. We did not elect them to be paperweights or to put their Party interests and corporate sonar lists above their constituents.
Likewise, the Senate is there to advise and consent, not demand and deny. The president is entitled to choose the members of his administration with the goal of advancing his agenda and completing his campaign promises. He had no obligation to include the opposition's agenda.
in2herbs
(2,944 posts)that there be an expiration to the advise and consent but that it didn't require anything more than the Pres notifying the Senate majority leader of who they are nominating, meaning that if Mitch refuses to bring the nomination forward that action is his "advise and consent" cuz the Constitution does not say the Senate majority leader has to approve it to move forward. I think Tribe's way is quicker. A constitutional amendment takes years.
onenote
(42,581 posts)in2herbs
(2,944 posts)proceed. The mj's silence and inaction is the response.
tritsofme
(17,370 posts)And have as long as there has been a Senate. This idea has always been ridiculous.
onenote
(42,581 posts)And his action or inaction cannot be deemed consent by the entire Senate.
in2herbs
(2,944 posts)i'll wait.
And if McConnell not acting can be considered the action of the entire Senate, then I guess these same folks think he can act by himself to confirm a nominee without the rest of the Senate voting.
Silent3
(15,147 posts)Where we have depended on "norms" being respected, there are now gaping holes in our system of government.
Your amendment (with an even shorted time period, like 90 days) is just a start.
My other suggestions would be, completely ignoring that they just aren't going to happen:
* Finally pass the ERA, expanded to cover all gender and racial issues.
* Give Congressional oversight of the President and the executive branch real teeth, so endless court battles to "play out the clock", or plain outright refusal to comply with subpoenas, can never again hamper oversight as Trump has done. I'd even go so far as to make the Sergeant-at-Arms someone with real enforcement power, with a small police force in his/her charge, capable of confiscating documents and arresting non-compliant subpoenaed witnesses to haul them before the House and/or Senate.
* A general "all laws must have teeth" provision. We've often passed laws that are unenforceable because there is no specified penalty for breaking these laws, and no specified remedies when these laws are broken. This is another "just expecting norms to be followed" problem. (Maybe this can be fixed by ordinary law, without Constitutional changes.)
* While not going so far as to create a fourth branch of government, establish Constitutionally-protected independence of the DoJ so it can never again be used as a President's personal legal defense for themselves, or a cudgel against the President's enemies.
* States now have enormous Constitutionally-granted freedom in how they run elections. It might only be by Constitutional amendment that we can enact solid federally-mandated minimum standards to ensure free and fair elections.
* Judicial term limits, including the Supreme Court.
* Abolish the Electoral College, and apportion the Senate by population too.
* Ban gerrymandering. Voters must choose politicians, not politicians choosing their own voters. This one change could greatly relieve the polarization of American politics which has so poisoned our system.
* Explicitly end corporate personhood, and make corporations, in exchange for the benefit of limited liability they receive, have a much stronger legal commitment to serving the public good, and upholding for their employees many of the same rights government grants citizens. (Businesses could still have much greater freedom than this, but they wouldn't get limited liability either if they want all of that freedom.)
* Reverse Citizens United by making an explicit legal distinction between campaign spending and free speech.
* (Very carefully!) create a legal distinction between "freedom of speech" and "freedom of reach", so that we can legally require large media platforms to minimize the spread of disinformation.
* Limit the pardon power of the President (and state governors too) in ways that clearly prevent outright abuse of that power.
* While still respecting state's rights to some extent, grant a little more power to the federal government that the Founders did. We live in a totally different reality now, where people much more identify with the United States than they do with their individual states. We're already playing stupid games to get this end result in many cases, like denying federal highway funds to states that won't go along with certain terms of federal laws.
* I could go on if I keep thinking about this!
It's a good thing, actually, for the Constitution not to be too big or too explicit, giving judges some flexibility of interpretation as times change. But even with current amendments added on, the whole Constitution is shorter than a lot of stupid click-through agreements on apps and web sites. While being careful to not overdo amendments, "norms" just don't cut it.
roamer65
(36,744 posts)It works good at a state level.
Yes the Senate should be apportioned.
Silent3
(15,147 posts)Too damned many political hacks with no understanding (or concern) about the law are out there. I agree with the Founder's concept of trying to isolate judges from playing politics as much as possible.
At the national level, Justices running for office would be horrific. Trying to turn what should be careful, nuanced legal positions into sound bites and bumper stickers for a national election would be a disgusting spectacle. It would no doubt lead to would-be Justices essentially promising legal outcomes in exchange for votes.
roamer65
(36,744 posts)If we dont like them, we can vote them out.
An elected Supreme Court would force them to be mainstream.
Alito, Barrett, Thomas, Gorsuch and Kavanaugh would never survive an election.
onenote
(42,581 posts)roamer65
(36,744 posts)You would have legalized marijuana, abortion on demand and no Citizens United.
In Michigan, our Supreme Court is elected and has a mandatory retirement age of 70.
We now have a Democratic leaning court because of one of those mandated retirements.
onenote
(42,581 posts)who would legalize marijuana and abortion on demand.
That's serious fantasy land.
Prayer in schools would never have been struck down. Miranda rights would never have been recognized. The list goes on and on.
roamer65
(36,744 posts)Period.
You will see what I mean over the next few years out of Alito, Thomas, Barrett, Gorsuch and Kavanaugh.
Men who would not win an election to the court. Plus you would have seen more women a lot earlier on the court.
We may need to nullify some of the SC rulings at a state level over the years to come.
All of this hypothetical stuff said, I hope all of President Bidens nominees are minority liberal women.
marie999
(3,334 posts)The House was set up to make all citizens equal and the Senate was set up to make all states equal. A proposed amendment would not receive enough votes by the smaller states to pass.
onenote
(42,581 posts)Really. Think about it. The Republicans wouldn't have had to hold hearings or have a vote on Kavanaugh or Barrett. Just receive the nomination, wait six months and, like magic, confirmation. Same thing for cabinet officials. Public scrutiny? Nah.
And it wouldn't even have saved Garland, since McConnell could have held up the nomination from scrutiny for just short of 180 days (until mid-September) and then called for a vote in which the Republican majority, claiming that the election was less than 2 months away, voted down the nomination. Even if Obama then immediately put forward an new nomination, that nomination would expire before six months had passed.
NNadir
(33,468 posts)It did, of course, allow for Trump, Barrett, Kavanaugh and the failure to seat Garland didn't it?
Of course, I am too stupid to have a good idea, as was Madison, but I'm sure you have a better approach and would be quite willing to share it with us.
denbot
(9,898 posts)The foundational cfracks he exposed will have to be repaired.
jmowreader
(50,528 posts)Pardon power shall be held by a Pardon Board. The composition of this board shall include three members chosen by the current president, three members chosen by each of the previous two presidents, one member chosen by each House of Congress and one member chosen by the people. All members of this board shall be serving federal judges and will be reinstated as judges after retirement from the board.
The president shall nominate candidates for pardon to the board. A simple majority of seven members shall be required for routine criminal pardons, with a majority of nine for crimes of violence and sexual crimes, and a unanimous vote will be required for pardons of associates, staffers or employees of the current president. Family members of a president may not be pardoned until One Hundred Years after their natural death. Any person who has served as president or Vice President is permanently ineligible for pardon.