Tillman, Seth (2019) On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter J. Eckerstrom. University of Pennsylvania Journal of Constitutional Law, 21 (3). pp. 881-890.

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Abstract

In a recent issue of the University of Pennsylvania Journal of Constitutional Law, Chief Judge Peter J. Eckerstrom defended the view that the United States Senate has a constitutional duty, arising under the Appointments Clause, to meaningfully consider presidential nominees to the Supreme Court of the United States. He characterizes such Senate consideration as “obligatory,” “mandatory,” and an “affirmative constitutional duty” as opposed to merely aspirational or directory. Broadly, speaking he puts forward three primary types of arguments or evidence in support of his position: textual; purposive analysis; and, historical materials from ratification. Rather than critique Eckerstrom’s three modalities for understanding the Appointments Clause, I point out what Eckerstrom’s analysis lacks — a developed discussion of extant case law addressing this issue.

Item Type:	Article
Additional Information:	Suggested citation: Tillman, Seth Barrett, On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter J. Eckerstrom (December 14, 2018). 21 U. Pa. J. Const. L. 881-890 (2019), 21(3) U. Pa. J. Const. L. Online 1-11 (2019) , Available at SSRN: https://ssrn.com/abstract=3301323
Keywords:	Senate; Constitutional Duty; Presidential Nominees; Supreme Court; United States; Chief Judge Peter J. Eckerstrom;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	15611
Depositing User:	Seth Tillman
Date Deposited:	01 Mar 2022 17:09
Journal or Publication Title:	University of Pennsylvania Journal of Constitutional Law
Publisher:	University of Pennsylvania
Refereed:	Yes
URI:
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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