Tuesday, April 4, 2017

Simple majority on confirmations, our Founders intent

One thing the Founders may have never envisioned, even as President Washington warned them of "factions", commonly known as political parties, was how our insidious power grabbing politicians would behave.

For the past couple of decades we have seen this in the US Senate as both parties jockeyed for an advantage using the power of the majority, even 
going to the Constitution to 'find'  favor.

So it is with the confirmation of nominees to ambassadorships, Supreme Court judges and other officers of the United States.

We are told the Senate must have a two-thirds concurrence for such nominees to be appointed. And for all we have heard, this seems to  
be the collective wisdom of what the Constitution states.

But, we need to remember the wisdom of our Founders was sprinkled   
with what some call vagueness, even using the language of the day to emphasize its intended guidance for posterity.

The Founders provided future generations with latitude with explicitness,
even using a punctuation that provided as much power as words, often
pointed to in the Second Amendment, where a semi-colon has some up in arms over whether gun ownership is for individuals or a 'regulated militia'.

semicolon is used to connect two independent clauses in a sentence, both
given equal weight. 

In the case of government nominees the semi-colon is also overlooked in the
debate whether a two-thirds majority is actually needed for appointments.

If we accept how the semi-colon fits within the second amendment allowing
individuals to 'bare arms', than it is reasonable to appreciate how it also fits in  Article II, Section 2, Clause 2 which states....

2: 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.

Take note how the semi-colon separates two distinct Senatorial powers, treaties and confirmations.

For us to accept a two-thirds requirement makes little sense, driven by partisanship. A simply majority is all that is required and both parties 
should stop the nonsense as both will benefit when each of them have the majority.



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section below, or email, ajbruno14@gmail.com "Point of View" blog http://ajbruno14.blogspot.com/

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