[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 146 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
S. RES. 146

   Establishing an advisory role for the Senate in the selection of 
                        Supreme Court Justices.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

    Mr. Specter (for himself and Mr. Byrd) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
   Establishing an advisory role for the Senate in the selection of 
                        Supreme Court Justices.

Whereas article II, section 2 of the United States Constitution authorizes the 
        President to appoint Judges of the Supreme Court ``by and with the 
        Advice and Consent of the Senate'';
Whereas the Senate has exercised its ``Consent'' function with due diligence 
        through extensive hearings and deliberation prior to voting on nominees 
        to the Court;
Whereas the Senate has not historically exercised its ``Advice'' function with 
        the exception of a limited consultation with the President on the 
        selection of a nominee in advance of the President making such a 
        nomination;
Whereas there is no systematic method for selecting Supreme Court nominees, with 
        the President having historically proceeded on an ad hoc basis to 
        consider a limited number of individuals before making his nomination;
Whereas there is an enormous pool of legal talent who could become Supreme Court 
        nominees;
Whereas in one case where the Senate exercised influence on the selection of a 
        nominee, it was to replace Justice Oliver Wendell Holmes with Justice 
        Benjamin Cardozo;
Whereas the importance of having the best and brightest judges is reflected in 
        the fact that the Supreme Court has decided numerous significant cases 
        by a one-vote margin; and
Whereas it would be useful to create a pool of recognized candidates of superior 
        quality for consideration by the President; Now, therefore, be it
    Resolved, That the Senate should better fulfill its ``Advice'' function 
under article II, section 2 by having the Senate Committee on the Judiciary 
establish a pool of possible Supreme Court nominees for the President to 
consider, based on suggestions from Federal and State judges, distinguished 
lawyers and law professors, and others with a similar level of insight into the 
suitability of individuals considered for appointment to the Supreme Court.
                                 <all>