A Possibility

Robert Byrd of West Virginia has announced his support of Samuel Alito’s nomination to the Supreme Court. When I first heard this news, I wondered how the author of Saving America, the senator who spoke so eloquently against BushCheney’s illegal war could support a judge who’s view of the Constitution is so slanted toward executive power at the expense of Congress and the Judiciary. In his statement, Senator Byrd spoke of his understanding of the Senate’s Constitutional responsibilities.

“...Exactly what did the Framers mean when they gave the Senate the power to ‘Consent’ to the confirmation of a judicial nominee?
Historically, a majority of the Framers anticipated that the Senate’s confirmation or rejection of a judicial nominee would be based on the fitness of the nominee; not on partisan politics or extraneous matters.
Based on these assumptions, the Framers presumably did not expect the Senate to spend its allotted time on a nominee staging partisan warfare instead of examining his or her qualifications.
Yet, the Framers probably also would never have expected that a Senator of a nominee’s own Party would refuse to ask the candidate meaningful questions. They certainly did not intend for Senators of the nominee’s own Party to sit silently in quiet adulation, refusing to seek the truth while smiling indulgently, thus accomplishing nothing.
The Framers expected the Senate to be a serious check on the power of the President. They clearly thought that the Senate’s confirmation process ought to be fair, impartial, thorough, and exhibit appropriate respect for solemn duty and the dignity of both the process and the nominee....”

The senator then outlines his concerns about Alito and the assurances, in the Judiciary Committee hearings and private meetings with Byrd, Alito gave that assured Byrd that the nominee would no be a blank check for expanded executive power. Byrd concludes:

"...In the end, the heavy duty bourne by members of the Senate to evaluate and reject or approve the President’s nominees for the high court should come down to each Senator’s personal judgment of the man or woman before us, augmented, of course by such judicial records and writings as may exist. I know not exactly what kind of Justice Samuel Alito may actually be - - no one does. But my considered judgment from his record, from his answers to my questions, and from his obvious intelligence and sincerity, leads me to believe him to be an honorable man, who loves his country, loves his Constitution, and will give of his best. Can we really ask for more?"

Byrd’s statement gives me some hope that Alito will not be the conservative activist on the Supreme Court that he has been throughout his career. Perhaps the Republic will survive Alito’s tenure. But I would like to see further exploration of these important issues; I want to see Alito’s assurances stated explicitly and explained. So I guess I can ask more. I ask the US Senate to fully debate this nomination, however long it takes.