{ "id": "RL31948", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31948", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 348587, "date": "2009-05-13", "retrieved": "2016-04-07T02:30:55.444265", "title": "Evolution of the Senate\u2019s Role in the Nomination and Confirmation Process: A\u00a0Brief History", "summary": "Article II, Section 2 of the Constitution states that the President \u201cshall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other Public Ministers and Counsels, 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....\u201d\nExactly what the phrase \u201cadvice and consent\u201d means in terms of distribution of power between the legislative and executive branches has been disputed almost since the beginning of the Republic. While some drafters of the Constitution believed the Senate\u2019s role would be minimal, others said the Senate would play a large role.\nThe role the Senate has played in the nomination process has depended, in part, upon the relationship between the President and the Senate. Nonetheless, while there have been many controversies over nominations, the vast majority of nominees eventually make it through the process and are confirmed.\nOver time, the Senate has developed a series of procedures to deal with the concerns of its Members on nominations. First is the custom of senatorial courtesy, whereby Senators from the same party as the President might influence a nomination or kill it by objecting to it. This custom has not always been observed absolutely, but it has allowed Senators to play a fairly large role, particularly in the selection of nominees within a Senator\u2019s home state, such as for district court judgeships.\nFor judicial nominations, the Judiciary Committee has developed a tradition of \u201cblue slips,\u201d a document used to get a home-state Senator\u2019s opinion on a judicial nomination. The chair of the committee determines how much weight to give a home-state Senator\u2019s objection to a judicial nominee.\nOther procedures that Senators have used to express their position on a nomination include holds, an informal procedure that can allow a single Senator to block action on a nomination (or legislation), and filibusters, extended debate that can block an up-or-down vote on a nomination (or legislation). Both procedures have been used to delay or block action on nominations.\nThis report will be updated as events warrant.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31948", "sha1": "2ad78080e799ac70c0195e5361813efa75092cf1", "filename": "files/20090513_RL31948_2ad78080e799ac70c0195e5361813efa75092cf1.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31948", "sha1": "41bee01a6c89786edc1a2ab694defc91a8185e05", "filename": "files/20090513_RL31948_41bee01a6c89786edc1a2ab694defc91a8185e05.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc795665/", "id": "RL31948_2008Jul02", "date": "2008-07-02", "retrieved": "2016-01-13T14:26:20", "title": "Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History", "summary": "This report discusses the process of Advice and Consent in the Senate. Article II, Section 2 of the Constitution states that the President \"shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other Public Ministers and Counsels, 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\u2026.\"", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080702_RL31948_f332d3c426c3bddff8eef118c69b24a59220f14d.pdf" }, { "format": "HTML", "filename": "files/20080702_RL31948_f332d3c426c3bddff8eef118c69b24a59220f14d.html" } ], "topics": [ { "source": "LIV", "id": "Congress", "name": "Congress" }, { "source": "LIV", "id": "Senate rules and procedure", "name": "Senate rules and procedure" }, { "source": "LIV", "id": "Advice and consent of the Senate", "name": "Advice and consent of the Senate" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs6156/", "id": "RL31948 2005-03-29", "date": "2005-03-29", "retrieved": "2005-06-10T23:56:35", "title": "Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History", "summary": "Over time, the Senate has developed a series of procedures to deal with the concerns of its Members on nominations. First is the custom of senatorial courtesy, whereby Senators from the same party as the President might influence a nomination or kill it by objecting to it. This tradition has not always been absolute, but it has allowed Senators to play a fairly large role, particularly in the selection of nominees within a Senator\u2019s home state, such as for district court judgeships.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050329_RL31948_e51dee8b7236ea5aacde707d5d67ee2afd9db0e7.pdf" }, { "format": "HTML", "filename": "files/20050329_RL31948_e51dee8b7236ea5aacde707d5d67ee2afd9db0e7.html" } ], "topics": [ { "source": "LIV", "id": "Congress", "name": "Congress" }, { "source": "LIV", "id": "Senate rules and procedure", "name": "Senate rules and procedure" }, { "source": "LIV", "id": "Advice and consent of the Senate", "name": "Advice and consent of the Senate" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs7052/", "id": "RL31948 2003-06-05", "date": "2003-06-05", "retrieved": "2005-09-20T10:16:26", "title": "Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History", "summary": "Over time, the Senate has developed a series of procedures to deal with the concerns of its Members on nominations. First is the custom of senatorial courtesy, whereby Senators from the same party as the President might influence a nomination or kill it by objecting to it. This tradition has not always been absolute, but it has allowed Senators to play a fairly large role, particularly in the selection of nominees within a Senator\u2019s home state, such as for district court judgeships.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20030605_RL31948_b879aa93a6ebb326a0b5b8562eceb24d915e24da.pdf" }, { "format": "HTML", "filename": "files/20030605_RL31948_b879aa93a6ebb326a0b5b8562eceb24d915e24da.html" } ], "topics": [ { "source": "LIV", "id": "Congress", "name": "Congress" }, { "source": "LIV", "id": "Senate rules and procedure", "name": "Senate rules and procedure" }, { "source": "LIV", "id": "Advice and consent of the Senate", "name": "Advice and consent of the Senate" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" } ] } ], "topics": [ "Intelligence and National Security" ] }