Senate Is Perverting Constitutional "Advice and Consent" Role
I have read two articles over the last 24 hours that are but further proof that the U.S. Senate is out of control as a body and is actively engaged in perverting its role within the Constitutional framework of our Federal government. That our two Presidential candidates are both Senators, placed in this context, is not at all encouraging for our future.
Article II, Section 2 of the Constitution includes the following statement of one of the powers afforded to the President:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
We have all seen over the last twenty+ years the political debacle of several public hearings in which Presidential appointments have been voted down by the Senate. Some of the Senate's actions have ultimately been good ones, particularly in the case of some questionable Supreme Court appointments by certain Presidents that shall go unnamed. What we could say, at the very least, though, is that the process played itself out in all of its bloody transparency, and the checks and balances of the Federal government worked even if the motivation in some instances might have been questionably political.
More recently, however, the Senate has resorted to a substantially less transparent, and more nefarious
tactic in exercising its "advice and consent" role. Rather than voting, up or down, on Presidential appointments, the Senate merely buries them in Committee for an indeterminate length of time, subject to the whim of Committee chairs to bring the appointments to a vote. In the meantime, the already-poor ability of the Federal government to function is being significantly hampered.
The two examples of which I have read are judicial appointments to the Fourth Circuit U.S. Court of Appeals, and the pending appointment of a U.S. Surgeon General. In the Fourth Circuit (Maryland, Virginia, West Virginia, North and South Carolina), there are FIVE vacancies for Federal appellate judges. Some of those vacancies have had three to four different qualified jurists appointed for each one, some by Democratic administrations and some by Republicans, but for no better reason than partisan politics, none of these appointees are being brought to a Senate vote. Most appointees have withdrawn their name from consideration after a year or two of waiting, whereupon another person is appointed, and they sit in limbo as well. In the meantime, case loads build up on sitting judges, and justice is slowed to a crawl. The Fourth Circuit has not seated a new Judge since 2003, thanks to stonewalling by the Senate.
As for the U.S. Surgeon General, Dr. James Holsinger of the University of Kentucky was nominated by President Bush exactly 400 days ago. Dr. Holsinger is well-qualified as a physician for this post, having served as Cabinet Secretary for Health and Family Services for the Commonwealth of Kentucky for 3 years, Chancellor of the University of Kentucky Medical Center for 9 years, and worked for the Department of Veteran's Affairs for 26 years. The hold-up? In 1991 Dr. Holsinger authored a paper for a Board he was on within the Methodist Church explaining the pathophysiology of male homosexuality, in which he took the position that such activity was incompatible with Biblical teachings (sound familiar?). Despite Holsinger's effort to back-peddle from that position, his appointment has languished now for over a year, and there is little prospect he will come to a vote given the short time remaining in the Bush Administration. No doubt Senate Democrats are betting on an Obama presidency in which they will be able to have a Surgeon General appointed who will say gay sex is "just fine."
This is a rank perversion of the Constitutional system for Federal appointments, and it is another manifestation of the fears Thomas Jefferson had of a strong central government, i.e. that it would be all too easy to flex its political muscle without regard to the needs or will of the people. The "advice and consent" provision was designed as a check and balance on the Executive power to appoint Federal officials, in hopes that it would force appointment of qualified individuals and not simply political cronies. It does assume, however, that the person who won the Presidency will be able to surround himself/herself with like-minded individuals, as an extension of the choice of the electorate for governmental leadership. It was designed for the Senate to make an up-or-down vote on appointees, NOT to use archaic procedural rules and the political fiefdoms of committee chair positions to frustrate the processes of government.
This abuse accomplishes nothing more than advancing the tit-for-tat gamesmanship that is the unfortunate order of the day in Washington. The machinery of government is boggled by the Senate's gaming the system - in these examples, appeals through the Fourth Circuit are significantly slowed by the absence of five judges, and the Surgeon General's office is without a Surgeon General to conduct the important work of public health in America. This is the same mentality that is only capable of passing lightbulb legislation while we are faced with an energy crisis approaching a critical mass unseen since the oil embargoes of the 1970's.
This is also another compelling argument for term limits to throw the current bunch of bums out of office; to those who proclaim a message of "change" in Washington, what about it? Many of the current office holders in the Senate and the House of Representatives have been there far past any usefulness in their position, instead growing fat at the public trough. Should we not throw them out like dirty bathwater and run something clean and fresh into the Congressional tub? We limit our Presidents to 8 years - why not Congress, too? Two terms for Senators and five terms for Congressmen should be plenty.





























Recent Comments