General Discussion
Showing Original Post only (View all)Whose fault if the "nuclear option" is used to put Gorsuch on the Court?? [View all]
The Constitution only states that the Senate's job is to "advise and consent".
If the Democrats withhold consent, is that in conflict with the Constitution? I think not.
They might be in conflict with the rule passed by the Congress about 200 years ago but they do not believe the Senate should do away with it. That is their decision - not the Democrats.
If they respect the Constitution, they would make the right decision. They should understand the concept of precedence and that laws have been passed for a reason. They might think twice before they make that decision. Justices should have the consent of Congress. Some might argue that a 51-49 vote would mean that the Congress consents?
Some might argue for slightly a larger majority? Perhaps a 60-40 majority would be more of a consensus? Sixty-votes sounds about right.
(an added correction) https://www.usconstitution.net/constfaq_q139.html