I am already seeing the post-mortem editorial/opinion pieces on how the Senate should change the rules for its “advise and consent” requirement on Judicial and Executive Branch appointments. So, it seems a good time to offer my two cents as well.
Some are advocating we take the public hearings out of the equation, thus eliminating the theater that has become standard in the current process. I disagree with that approach. Our government is opaque enough already. Laws are written in such a manner as to be almost incomprehensible, even to their authors. As Nancy Pelosi famously said once, “We have to pass this bill so we find out what’s in it.” Do we really want to move yet another process behind closed doors so everyone can deny involvement? Corruption thrives in the darkness, and for most citizens, the belief their government is corrupt is one of the primary reasons our current President is Donald Trump.
So here are the rule changes I suggest.
a. Any Senator who states a public position before the formal questioning is complete is eliminated from the panels who will question the nominees. They’ve chosen to make their position public and there is no need to provide them with an additional stage to advocate for or against the candidate just to increase their personal profile.
b. Any Senator who refuses to meet privately with the nominee prior to public hearings is limited in their questioning time to ½ of what the committee sets as the standard. This is an arbitrary choice, and it could just as easily be reduced to ¼ or even zero and I would be good with that. Again, my reasoning is they have established a position based on personality, perceived constituent appeal, or something other than providing fully informed advise and consent to the President. Why allow them the same privileges as those other Senators who are fulfilling all their responsibilities in the matter?
c. Any Senator, as Senator Feinstein did, who withholds discriminatory evidence from the discussion until the 11th hour should have their vote recorded as an abstain and there should be an automatic censure vote on their behavior. They have chosen theater over what is best for the country. There should be a personal cost for that. The reason we are where we are today is the politicians pay very little in terms of Senatorial privilege for their actions, the political theater of today is an obvious result of politicians playing up to their base in anticipation of future campaigns for higher office.
Well, those are my suggestions, for what they are worth.
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