The Rôle of the Senate in the Confirmation of Judicial Nominations

In: American political science review, Band 28, Heft 5, S. 875-894

Abstract

The power of the Senate to advise and consent to presidential nominations of judicial officers has recently been subjected to sharp criticism. In the main, the Senate is charged with misfeasance rather than nonfeasance in the discharge of this function. In other words, proposals to deprive the Senate of this power are not, like proposals to abolish the electoral college, based on alleged failure of the agency to function independently, but rather on its alleged abuse of the discretion conferred upon it. The Senate, say the critics in effect, has judged not wisely, but too well. Accordingly, it is their general disposition to deprecate interference with the executive rather than to devise more effective cheeky upon him.