Don’t Disestablish “Advice and Consent”; Demand Discipline, Decorum

The Constitution: Approving and Appointing SCOTUS judges

My view

We the people are in decline. The United States and its public officials; the level of education, knowledge, civility, and moral character of public figures, press and media institutions and performance, and the general population have been worsening for a long, long, long time. Institutions have failed entirely. 

In the 233 years of the existence of the Constitution of the United States, all sectors (people and institutions) have failed to substantively improve and advance the promise set forth by the founders and the drafters of that document.

Blaming or championing “left” vs. “right”, “us” vs. “them”, socialism, capitalism, communism, exceptionalism  are irrelevances; distractive, counterproductive utterances. 

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merican officials, public office holders (as well as media personnel), instead of abandoning standards, should construct or reconstruct and abide by basic rules, principles and standards governing quality of work, service, stewardship, behavior, interaction. 

There should be oversight that polices behavior because current officials and other public figures have demonstrated an arrogant unwillingness or inability to self discipline. 

Discipline is not a bad thing.  

The answer to a particular president’s nomination of judges is not to eliminate more institutions, eliminate the review process, or further disestablish essential bodies and standards (as has happened in the legitimate press corps).

The Constitution requires and should mandate the “advice and consent” of a separate branch of government. 

That’s a good thing. 

No single individual (and his or her allies or personal advisors) — regardless of political party affiliation or any other characteristic or connection— should have the power in the United States of America to decide, especially “life” positions, and U.S. foreign relations positions.

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erhaps rudeness, chaos, incompetence, unprofessionalism makes “good” theater or lively talk radio (bad in my view). However, government service and its quality should not be tailored to suit the rages or outrages of talk radio. 

Government service—under the U.S. Constitution and consistent with the promise and potential of its original drafters—should be serious, professional, studied, civil; and should set a good example for the people of the United States, and beyond.

Correcting nomination and approval (advice and consent) process:

• Shut off the microphones, cameras, and social media access during committee hearings
  
• Hand Senators (committee members) copies of a candidate’s dossier, and candidate-prepared answers to separate or individual questions 
• Require Senators (committee members) to study those documents (due diligence), cast their votes, transmit their ruling to the President
  
• President and the Senate (or designated official as appropriate) report the body's approval (or disapproval with detailed reasons) to the press

Duplicate these standards with US House committee hearings

Throughout the process  

• Hold all public officials to rules, standards of speech and behavior, due diligence and respectfulness; and to sound principles
• Demand and ensure decorum, proper professional behavior
• Censure and impose further corrective measures on officials who disobey the rules.
  

Free speech and free expression must have limits and these limits must be promulgated and enforced.

Americans have never fully embraced the genius—the potential and promise—of the founders’ creation.

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mericans of the “exceptionalism” variety have turned more and more rabidly to interpreting, reinterpreting, or ignorantly misinterpreting bits and pieces of the 1787 document to suit their personal perspectives and objectives. This needs to change.

 

A source

US Constitution https://usconstitution.net/const.html

Full Text of section excerpted above: Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

 

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