A Quote by Edward Kennedy
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.
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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.
Under the Constitution, the president, not the Senate, nominates and appoints judges. The Senate has a different role. We must give our advice .
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.
I'm convinced that our duty to provide advice and consent for justices of the Supreme Court is our most important constitutional responsibility.
In England the judges should have independence to protect the people against the crown. Here the judges should not be independent of the people, but be appointed for not more than seven years. The people would always re-elect the good judges.
Advice and consent does not mean rubber stamp in the Senate.
It is plain that, when it comes to inferior officers, Congress itself can pass a law sending these nominees to the President with him having the authority to put them on the bench without the advice and consent of the Senate.
The Senate floor is and always has been the great arena of our democracy. I spent eight years in my younger life as a boxer, and sometimes when I enter the chamber, I think, 'This is the ring. The American people can see us here and listen to our arguments. This is where the fights matter.'
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.
President Obama's decision to bypass the constitutional advice and consent of the Senate is not an isolated incident.
We are confident that just like the American people can, the Senate can also multitask and they can do their constitutional duty while continuing to conduct the business of the American people.
An American leader would be derelict of duty if he did not seek to understand all his options in such unprecedented circumstances. Presidents Lincoln during the Civil War and Roosevelt in the lead-up to World War II sought legal advice about the outer bounds of their power - even if they did not always use it. Our leaders should ask legal questions first, before setting policy or making decisions in a fog of uncertainty.
I consider it my patriotic duty as an ordinary citizen - not as Secretary of State - to ask questions. I think we have to ask ourselves the tough questions.
I take my 'advice and consent' duty as a U.S. senator very seriously.
Our minds, bodies, feelings, relationships are all informed by our questions. What you ask is who you are. What you find depends on what you search for. And what shapes our lives are the questions we ask, refuse to ask, or never think of asking.
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.
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