October 5, 2005

"To What Purpose Then Require The Co-Operation Of The Senate?"

Via In the Agora, I quote a passage from Federalist Paper 76, written by Alexander Hamilton,

To what purpose then require the co-operation of the Senate? I answer, that the necessity of their concurrence would have a powerful, though, in general, a silent operation. 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. . . . He would be both ashamed and afraid to bring forward, for the most distinguished or lucrative stations, candidates who had no other merit than that of coming from the same State to which he particularly belonged, or of being in some way or other personally allied to him, or of possessing the necessary insignificance and pliancy to render them the obsequious instruments of his pleasure. [The italics are Randy Barnett's]

Randy E. Barnett of the Wall Street Journal thinks Hamilton's words may apply to Harriet Miers' nomination to the Supreme Court. What do you think?

Posted by Duane Smith at October 5, 2005 12:47 PM | Read more on Current Events |

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