Friday, September 23, 2005

Federalist 76 Goes Further

Rob, Federalist 76 goes further. It talks about the purpose of allowing the Senate to have advice and consent power. It is true that they were written to convince others of the appropriateness of the Constitution. That doesn't mean they don't serve as a valuable primary source of information on what the framer's intent was. I think this sentence makes it clear:

It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity.

I think that makes it clear, that they did not intend for the Senate to have the ability to "Bork" nominees because they disagree with their politics or not. It supports my contention that it is designed to prevent unqualified candidates and presidential cronies from getting appointments. Not to allow the Senate to reject the nominee of the popularly elected president. Yes, the Senators were also elected. But not one of them was elected nationally through the procedure outlined for the president. Furthermore, as to the margin of the last election. I have not heard one democrat who argued that Bill Clinton should have moderated his policies because he won with a smaller percentage of the popular vote than even Bush did (1992 and 1996). Yes, his margin was bigger overall, but in both cases more votes were cast against him (and for candidates to his right) than for him.