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To: phelanw
The Founders had an idea about who they DID NOT want on the court.

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Federalist 76:

But might not his nomination be overruled? I grant it might, yet this could only be to make place for another nomination by himself. The person ultimately appointed must be the object of his preference, though perhaps not in the first degree. It is also not very probable that his nomination would often be overruled. The Senate could not be tempted, by the preference they might feel to another, to reject the one proposed; because they could not assure themselves, that the person they might wish would be brought forward by a second or by an subsequent nomination.

They could not even be certain, that a future nomination would present a candidate in any degree more acceptable to them; and as their dissent might cast a kind of stigma upon the individual rejected, and might have the appearance of a reflection upon the judgment of the chief magistrate, it is not likely that their sanction would often be refused, where there were not special and strong reasons for the refusal.

To what purpose then require the cooperation of the Senate? I answer, that the necessity of their concurrence would have a powerful, though, in general, a silent operation. It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity. In addition to this, it would be an efficacious source of stability in the administration.

263 posted on 10/07/2005 5:32:48 PM PDT by msnimje (If you suspect this post might need a sarcasm tag..... it does!)
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To: msnimje

Yes, I agree fully. Hamilton states that the role of the Senate in confirmation specifically includes the obligation to refuse people nominated, not on the basis of sterling credentials, but because they are close to the president. Whether or not she falls in this category, in my opinion she does not meet the expectations articulated in Federalist 78.


436 posted on 10/07/2005 7:13:13 PM PDT by phelanw
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