175 Years Ago Today

By AndrewHyman Posted in Comments (6) / Email this page » / Leave a comment »

James Madison wrote on March 12, 1833:

It is but too common to read the expressions of a remote period thro' the modern meaning of them....The remark is equally applicable to the Constitution itself.

This was nothing new for Madison. Here's a similar quote from June 25, 1824:

I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense!

And one more, from March 10, 1826:

In the exposition of laws, and even of Constitutions, how many important errors, may be produced by mere innovations in the use of words and phrases if not controllable by a recurrence to the original, and authentic meaning attached to them.

Madison believed that ambiguities in the law would have to be worked out in practice (see Federalist 37), but that the original meaning should control to the extent that it is ascertainable. I recently discussed this in the comments at Michael Dorf's blog.

http://judiciary.senate.gov/meeting_notice.cfm?id=3209

"The Executive Business Meeting scheduled by the Committee on the Judiciary for Thursday, March 13, 2008, at 10:00 a.m., in Room 226 of the Senate Dirksen Building has been postponed subject to the call of the Chair."

This is the meeting where Catharina Haynes was supposed to get a committee vote. I guess Outsider was right - the Dems are doing everything they possibly can to push Haynes' confirmation into late April. I think part of this strategy is not only to delay dealing with Keisler and the Fourth Circuit nominees, but is also designed to delay dealing with Pratter, who has become quite a hot potato in her own right among liberal special-interest groups.

Reply To ThisUser Info#1 — Wed, 2008-03-12 17:25

Tomorrow's meeting is postponed because tomorrow morning there will be many votes on the senate floor (with regard to the budget resolution).

I assume the meeting will be held tomorrow afternoon, after the votes. I agree that it is very likely that Haynes will be held over into April.

Reply To ThisUser Info#2 — Wed, 2008-03-12 18:58

http://thehill.com/leading-the-news/reid-white-house-to-discuss-deal-on-...

"The White House and Senate Majority Leader Harry Reid (D-Nev.) will make a last-ditch attempt Thursday to resolve an impasse over executive branch nominations, but prospects for reaching an accord appear murky.

Reid wants the White House to help install eight Democratic nominees to federal regulatory agencies and boards in exchange for his support for moving about 40 Republican nominees pending in the Senate. If Reid reaches a deal Thursday with Josh Bolten, the White House chief of staff, he will forgo holding so-called “pro forma” sessions during the upcoming spring recess — a move that Reid has employed in recent recesses to prevent Bush from making appointments without Senate consent.

But looming over the discussions is the nomination of Steven Bradbury to head the Office of Legal Counsel at the Justice Department."

"Despite Thursday’s talks, some Democrats doubted that the White House would budge on the Bradbury nomination.
“They’re like little children,” Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) said."

I am not sure how these negotiations concerning executive nominations will impact judicial nominations. If the Bradbury situation is avoided, Bush may be able to make some recess appointments this spring. Reid has got to know this. Bush could recess appoint Keisler. I doubt he would recess appoint any of the nominees from states with two Democrat senators. He also probably would not recess appoint Rosenstein or Conrad because each already has a government job whose pension could be imperiled. So it looks like the White House has a choice between Bradbury or Keisler. I hope they choose Keisler, but I bet they choose Bradbury.

Reply To ThisUser Info#3 — Wed, 2008-03-12 19:41
Keisler and Bradbury by Outsider

Since favoring Bradbury over Keisler would be stupid and short-sighted, the White House will probably choose Bradbury. A telling litmus of the degree to which those people care about the Federal appellate judiciary these days.

How sad that one is reduced to agreeing with Leahy's comments about the White House quoted in #3 above.

Reply To ThisUser Info#4 — Wed, 2008-03-12 20:01

Why can't the Senate just stall on Bradbury or vote him down? It makes no sense to me (other than for partisan political purposes) to say that one nomination is holding up dozens of others.

Reply To ThisUser Info#5 — Wed, 2008-03-12 20:47

Cat Haynes will get a vote very soon as the Dems cannot hold her up much longer. Just before the Spring Recess, the Senate will confirm her along with four other district court nominees. This will keep the heat off them until April.

Pres. Bush finally made a good decision by nominating 2 women for seats in New York. With the exception of Mary Donahue [withdrawn] and Haynes [pending], I believe that the Senate last year confirmed all women nominated to the federal judiciary who were nominated prior to 11/15/07. Perhaps somebody at the White House just took notice. Time to nominate female AUSA's and USA's in states and circuits with female Senators.

Reply To ThisUser Info#6 — Wed, 2008-03-12 22:11


Click here to visit our sponsor SRC="http://ads.he.valueclick.net/cycle?host=hs0004665&t=std&b=indexpage&noscript=1;msizes=160x600,120x600;bso=listed">


 
Redstate Network Login:
(lost password? new user?)


About ConfirmThem

ConfirmThem.com is a collaborative weblog organized by RedState dedicated to providing not only the most up-to-date news and analysis of the judicial confirmation battles in the United States Senate - but also giving every American the opportunity to let their voice be heard in Washington. For info about our bloggers, see here.

Recent comments

©2006 Redstate, Inc. All rights reserved. Legal, Copyright, and Terms of Service