Advice and Consent

• Advice and Consent vs. Silence and Dissent? The Contrasting Roles of the Legislature in U.S. and U.K. Judicial Appointments

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• Louisiana Law Review
• Nbr. 71-2, January 2011

• No Time for Advice and Consent ; Obama's Inoperable Constitution

B ack in 1973, when the Nixon administration was under fire for Watergate, Press Secretary Ron Ziegler uttered an unforgettable response when caught in a lie during a news conference: "This is the operative statement. The other statements are now inoperable. Well, the Obama administration just topped that by essentially declaring the U.S. Constitution "inoperable." President Obama did not use that term when making an illegal recess appointment of Richard Cordray to the new post of consumer czar on Wednesday, but he might as well have.

• The Washington Times
• January 09, 2012

• 5 CFR 2634.606 - Updated disclosure of advice-and-consent nominees.

• Code of Federal Regulations - Title 5: Administrative Personnel

• Advice and Consent During the Bush Years: The Politics of Confirming Federal Judges

Bush's nominations to the lower federal courts, the Republicans' warning reminds us of the intensely divisive character of judicial selection, characterized in the Bush years by senatorial foot-dragging, declining confirmation rates, and protestations by both political parties about the broken nature of advice and consent. Legal scholars have questioned die growing salience of ideology in confirmation hearings, while judicial scholars have examined how presidential ambitions shape die selection of judges and how interest groups succeed in derailing nominees they oppose.2 Such studies provide excellent but partial portraits of the forces shaping the contemporary politics of advice and consent.

• Judicature
• Vol. 92 Nbr. 6, May 2009

• 5 CFR 2634.402 - Special notice for advice-and-consent nominees.

• Code of Federal Regulations - Title 5: Administrative Personnel

• Advice and consent to appointments

• Michigan Constitution

• Toward the framers' understanding of 'advice and consent': a historical and textual inquiry.

I. THE FRAMING AND RATIFICATION OF THE ADVICE AND CONSENT CLAUSE A. The Constitutional Convention 1. Appointment of Judges and Other Officers 2. Matte...

• Harvard Journal of Law & Public Policy
• Vol. 29 Nbr. 1, September 2005

• No Time for Advice and Consent ; Recess Appointments Signal War Against Congress

On Wednesday, President Obama infuriated Republi- cans and threatened to spark a constitutional crisis when he announced he would make four recess appointments dur- ing a "pro forma" session of Congress. A pro forma session occurs when Congress "gavels in and gavels out" every three days but is not technically on recess. The fact that the president recess-appointed four nominees absent an actual recess is outrageous in itself and has drawn well- deserved condemnation. But also troubling is the way in which he made two appointments to the National Labor Relations Board (NLRB).

• The Washington Times
• January 09, 2012

• Avoiding advice and consent: recess appointments and presidential power.

In July 2004, President Bush announced his intention to make twenty appointments during the congressional recess, including a new chairman of the Fede...

• Presidential Studies Quarterly
• Vol. 36 Nbr. 4, December 2006

• This Is What 'Advice and Consent' Means

Conservatives from elite schools have already been subjected to liberal blandishments and haven't blinked. These are right-wingers who have fought off the best and the brightest the blue states have to offer. The New York Times isn't going to mau-mau them-as it does intellectual lightweights such as Senators Jim Jeffords (I.-Vt.) and Lincoln Chafee (R.-R.I.)-by dangling fawning profiles before them.

• Human Events
• August 05, 2009