The Senate's Important Confirmation Power

The House passes many bill that simply stack up and die in the Senate. Whether it was actually envisioned this way or not by the Founders, it's what we have. Often that is good - like the cap and trade bill that the Senate did not pass into law after the House sent it to them.

One of the Senate's key roles is the conformation. The confirm treaties that the President and Secretary of State negotiate. They confirm judicial and executive appointments. Regardless of which party is in charge, it seems they often approve any nominee after a perfunctory hearing process.

Goodwin Liu came before them recently as a nominee to the 9th Circuit Court of Appeals - arguably the most liberal of the district courts. Seems Goodwin was just a little to liberal for the Senate.

The Republican members - now that the Senate is not 60% one party - blocked a vote that would have sent his nomination to the whole body for approval. Days later, Liu withdrew his nomination from consideration. Seems the Senate had a little extra insight.

Since judges are lifetime appointments, and lifetimes are considerably longer than they were in the late 1700s, the confirmation of appointments is a much more serious business than ever before. The Administration, whether Republican or Democratic, often complains that their judicial nominees are not whisked through the approval process quickly enough. This is one area where the Senate needs to take its time.

There are no do-overs on the confirmation.

 

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