Madison might not approve...

An interesting historical note to the debate over the judicial filibuster comes from Anne Althouse, who notes that the Constitutional Convention considered requiring a supermajority to reject nominees:

Mr. Madison, suggested that the Judges might be appointed by the Executives with the concurrence of 1/3 at least of the 2d. branch. This would unite the advantage of responsibility in the Executive with the security afforded in the 2d. branch agst. any incautious or corrupt nomination by the Executive.

[wik] On the other side of things, here's some interesting information on other means by which nominations could be blocked from hilzoy of Obsidian Wings.

[alsø wik] My earlier discussion of this is here.

Posted by Buckethead Buckethead on   |   § 0

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