Advice and Consent: A Four Era Model Exploring the Evolution of the Appointments Clause…

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CUREJ - College Undergraduate Research Electronic Journal
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Advice and Consent Clause
Constitution
Failed Supreme Court Nominations
Supreme Court
Abe Fortas
John Rutledge
Senate
Robert Bork
Clarence Thomas
Constitutional Convention
Dilulio
John
John Dilulio
Political Science
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Abstract

This paper details the evolution of the Advice and Consent Clause of Article Two of the United States Constitution from the Constitutional Convention to the present. It also covers the history of failed Supreme Court nominations from John Rutledge in 1795 to present times. Finally, it analyzes the debate over whether or not it is appropriate for senators to consider a nominee's ideological bent when performing their advice and consent function. More broadly the paper tracks the ever-changing role of the Senate in the Advice and Consent process, and offers a new era-based model to organize the history of failed Supreme Court nominees.

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DiIulio, John J.
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2006-03-25
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