In response to the Democrats??¢â???¬â???¢ demands for prior consultation on Supreme Court nominees, Sen. John Cornyn (R.-Tex.), who chairs the Subcommittee on the Constitution, released a letter he sent to President Bush in June 2003 outlining the constitutional principle at stake.
??¢â???¬?????The Constitution nowhere ??¢â???¬????dictates that federal judges be nominated by the President with the advice and consent of the Senate,??¢â???¬â???¢??¢â???¬ wrote Cornyn. ??¢â???¬?????Instead, the Constitution says that only the President shall nominate. It has long been recognized and understood that the Senate??¢â???¬â???¢s ??¢â???¬????Advice and Consent??¢â???¬â???¢ role is limited to the appointment, and not the nomination, of judges: The Constitution explicitly states that ??¢â???¬????[t]he President ??¢â???¬ ¦ shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ??¢â???¬ ¦ Judges.??¢â???¬â???¢??¢â???¬ ??¢â???¬ ¦ Alexander Hamilton wrote in Federalist No. 76 that ??¢â???¬????one man of discernment is better fitted to analyze and estimate the peculiar qualities adopted to the particular offices than a body of men ??¢â???¬ ¦ In the act of nomination, [the President??¢â???¬â???¢s] judgment alone would be exercised.??¢â???¬â???¢??¢â???¬
