‘Advice and Consent’ Takes Time

Andrew M. Grossman / May 26, 2009

This morning, President Barack Obama announced the nomination of Judge Sonia Sotomayor to the Supreme Court of the United States. While this may seem like the culmination of a long process, it actually marks just the beginning–really, the very first step–of the confirmation process laid out in our Constitution. President Obama’s aggressive confirmation timetable–he is demanding hearings and a vote before Congress leaves for its August recess–risks shortchanging the Constitution’s commands.

The Appointments Clause (in Section 2 of Article II) states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.” Nomination is only the first of these three steps.

The second is for the Senate to provide its “advice and consent.” John McGinnis describes the purpose of this requirement in The Heritage Guide to the Constitution: (more…)