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Questioning the integrity of Senate confirmation hearings

by Martin W. Schwartz

Created on: January 24, 2007   Last Updated: April 26, 2007

One wonders what the person who posed this question means by "Integrity". The only thing the United States Constitution says with regard to the confirmation process is, to paraphrase, on those appointments requiring Senate confirmation, that the appointment is subject to the "advice and consent" of a simple majority of the senators.

With no other restrictions or requirements imposed by the Constitution, it is up to the Senate to pass whatever rules it wants to cover the confirmation process. At present no there are no rules that senators from acting foolish, partisan or otherwise indecorous when they question nominees.

So while the process may be, at times, a bit contentious and unseemly, as long as it conforms to the "advise and consent" requisites of the Constitution, the process maintains the integrity required of it by the Founding Fathers. The only remedies for what some people consider a lack of fairness or dignity in the confirmation procedures are to have the Senate change its own rules, or amend the Constitution. Good luck with either of those options.

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