The Choice Belongs To Bush
Believe it or not, the one with the responsibility to submit a name to replace Justice Sandra Day O'Connor is the president. Andrea Neal has a column addressing this very issue. It reminds us of the "advise and consent" duty of the Senate as well as some historical and constitutional documentation.
Alexander Hamilton would be appalled. Special-interest hysteria is exactly
what he and the framers hoped to avoid when they decided that the president
would nominate Supreme Court justices and the U.S. Senate would approve or
Not only that,
The third and superior option, Hamilton said, was to give the president the
power to nominate candidates and let the Senate say aye or nay. "One man of
discernment is better fitted to analyze and estimate the peculiar qualities
adapted to particular offices, than a body of men of equal or perhaps even of
superior discernment," Hamilton explained.
You can see how insightful the Federalist No. 76 was. Now is when Dubya needs to make his selection and quit fretting over the liberal and conservative groups who are going to find fault with his nominee. As Ms. Neal says in her column
Bush needs to isolate himself from all political advisers who care more about
satisfying constituencies in a chess game than fulfilling a solemn duty. He
should cancel his July 11 consultation with a bipartisan group of senators. When
the Constitution's Article 2 refers to "advice and consent," it did not mean
that the president should pick a "compromise" nominee. Bush should base his
choice on one question only: Who is the wisest person for the job?
That ladies and gents, says it as clearly as Ol' BC has seen to date.
Just an observation.