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Cornyn?¢â??¬â??¢s Comeback:

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??¬ 

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