Rosenwald, Brian

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  • Publication
    Advice and Consent: A Four Era Model Exploring the Evolution of the Appointments Clause…
    (2006-03-25) Rosenwald, Brian
    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.