May 29, 2009

Krauthammer interprets the Constitution

A president is entitled to deference on his Supreme Court nominees. — according to a Fox News "expert"
No, he is not. He's entitled to — if anything — advice on his nominees. And the withholding of consent, which power is entirely within the purview of the Senate and without which the president may not make the appointment, is the opposite of deference.

Indeed, the Senate has the more compelling democratic legitimacy (at least since the ratification of the Seventeenth Amendment).

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