Quote:
Originally posted by sgtclub
Because the CON requires the advise and consent of the "Senate" not a committee thereof. Ty takes the view that the Senate can make it's own rules governing how it gives or does not give it's consent. I question the Constiutionality of that. A committee structure in general does not raise similar concerns because the Senate does not have a Constitutional obligation to pass laws.
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Nothing says advise and consent means only a majority. Nor does anything say they must consent to a nominee. The president can propose nominees; the senate can vote them down. The president can propose laws; the senate can refuse to pass them. You have a distinction without a difference. what matters is, when the Senate decides to take action, must it always have an escape-valve that ensures a simple majority can take action, regardless of whatever rules it has in place that might prevent that? In other words, you're still missing the point: The Senate (and to a lesser degree teh House) has a host of rules and structures that mean the majority may not get its way. Committee structure is but just one.
