Separation of Powers and the Filibuster
The announcement by Sen. Ben Nelson that he would not only oppose but filibuster Obama’s nominee for the National Labor Relations Board, however, provides an opportunity to discuss an area where I think the filibuster is not only inappropriate but also undermines the spirit, though perhaps not the letter, of the Constitution.
In circumstances such as executive and judicial nominations, the filibuster is to my mind utterly inappropriate and even outright toxic. The power to nominate and appoint federal executive and judicial officers is Constitutionally vested in the President under Article II, although certain appointments are to be made with the “advice and consent” of the Senate. [Read more →]
February 9, 2010 13 Comments
Shameless Self-Promotion, The Modest Need Not Apply
November 10, 2009 2 Comments

