A Quote by Orrin Hatch
Under the Constitution, the president, not the Senate, nominates and appoints judges. The Senate has a different role. We must give our advice .
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I would hope that the Senate would do its job and confirm the nominee that President [Barack] Obama has sent to them. That's the way the Constitution fundamentally should operate. The president nominates, and then the Senate advises and consents, or not, but they go forward with the process.
If you look at the Constitution, the two clauses of the Constitution make it very clear the president shall nominate, and the Senate shall provide advice and consent. It's been since 1888 that a Senate of a different party than the president in the White House confirmed a Supreme Court nominee.
What the framers of the Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary. They wanted federal judges to be appointed by the president, with the advice and consent of the Senate, and to serve for good behavior.
While the president is to nominate that individual [to Supreme Court], we in the Senate must provide our advice and consent. This function is not well-defined. The Constitution does not set down a road map. It does not require hearings. In fact, it does not even require questioning on your understanding of the Constitution nor the role of the Supreme Court.
I will always support a vote. The constitution gives the president the right to appoint justices with the advice and consent of the Senate. The Senate does have the right to say no; they do not have the right to say nothing.
I consider the United States Senate the greatest deliberative body in the world, and I respect the important role the Constitution affords it in the confirmation of our judges.
The Constitution gives the president the power to appoint, upon the advice and consent of a majority of the Senate, and it plainly does not give a minority of senators any right to interfere with that process.
The Constitution says the President shall nominate, not maybe he could, maybe he can't, he shall nominate. Implicit in the Constitution is that the Senate will act on its constitutional responsibility and give its advice and consent. No one is required to vote for the nominee.
I understand the politics of the situation, I think that many Republican members of the senate believe that,get out the vote move. They can indicate that they're strong for their base. But the Constitution's pretty clear. The president Donald Trump has to nominate someone. The senate can choose to disapprove. There's nothing in their Constitution that says the grounds upon which they must vote. But to refuse even to meet with the individual, or to have the process go forward, that's just pure politics.
When you work in the United States Senate, and you are around people of all different ideas and beliefs, you realize that what our Founding Fathers did that was so genius, is that they made the Senate the place where compromises are supposed to happen because of the makeup of the Senate.
The Constitution entrusts the Senate with the duty to provide to the President the 'advice and consent' for a lifetime appointment on the United States Supreme Court. It is a serious responsibility.
The majority in the Senate is prepared to restore the Senate's traditions and precedents to ensure that regardless of party, any president's judicial nominees, after full and fair debate, receive a simple up-or-down vote on the Senate floor.
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
Judges are appointed by and with the advice and consent of the Senate. And it is our duty to ask questions on great issues that matter to the American people and to speak for them.
I really think the Patriot Act violates our Constitution. It was, it is, an illegal act. The Congress, the Senate and the president cannot change the Constitution.
[The reason a man has] so much trouble with the Senate is that there isn't a man in the Senate who doesn't think he is better suited to be President than the President, and thinks he might have been President except for luck.
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