Federalist Papers: Alexander Hamilton on judicial nominees and cronys

[Rowdyboy]

From the WSJ column this morning--The primary reason Alexander Hamilton gave for requiring senate approval of judical nominees was to

"prevent the appointment of unfit characters ... from family connection, from personal attachment. . . . He would be both ashamed and afraid to bring forward, for the most distinguished or lucrative stations, candidates who had no other merit than that of coming from the same State to which he particularly belonged, or of being in some way or other personally allied to him..." Federalist Papers No. 76

I'm sorry, but doesn't that pretty much explain this nomination?

[Hello_Kitty]

1. Yup. n/t

[beyurslf]

2. The Founders can only be quoted when it helps Republicans. Didn't

you get the memo that they all were really Republicans and would hate all Dems today? :)

[rawtribe]

3. Federalist Papers No. 76

http://thomas.loc.gov/home/histdox/fed_76.html

[Canuckistanian]

4. You make a good point

But Hamilton didn't factor in the blind hero worship that permeates today's GOP.

Can you imagine what would have happened if Washington, Jefferson or Adams had their followers defend their president's every action, however bad or outrageous?

There would be calls for secession on all fronts.

[MsUnderstood]

20. Not just the blind hero worship

Along with blind hero worship is the mindset "Anti-Bush" = "Anti-American"

Our democratic leaders and moderate republicans are having a really hard time standing up and saying no because of the fear that they wont get re-elected.

I can't imagine senators standing up and saying NO to this nomination or holding a filibuster because of their fears of the reprocussions. Pretty scary that our politicians have been squashed like this--look at the ease with which the CHEIF JUSTICE went through the system.

[tom_paine]

5. Yes, even Hamilton would have been disgusted by the Busheviks

In spite of the fact that, of all the Founding Dads, they shared the most economic and elitist philosophies with him.

But Hamilton loathed Kings and Toadies, he loathed naked Totalitarian (Monarchial) corruption, and he would have loathed Busheviks for those reasons, at least.

Just my 2 cents.

[Rowdyboy]

7. I majored in history and, while Hamilton wascertainly no hero of mine,

he would have found the Bush family faux-aristocratic, grasping and tacky.

[existentialist]

6. Very Good Point!

[TaleWgnDg]

8. Here's the url to that WSJ op/ed article

.
1.) The WSJ article is:
THE NEXT JUSTICE
Cronyism: Alexander Hamilton Wouldn't Approve of Justice Harriet Miers, by Randy E. Barnett, dated Tuesday, October 4, 2005, 12:01 AM EDT

2.) Randy E. Barnett is the Austin B. Fletcher Professor of Law at Boston University and the author of "Restoring the Lost Constitution: The Presumption of Liberty" (Princeton, 2004).

3.) The url to this WSJ op/ed article is: http://www.opinionjournal.com/extra/?id=65000XXX

"Cronyism" is an issue that is necessary for discussion and Q&A by the U.S. Senate Judiciary Cmte directly to Miers u/oath when she appears b4 the Cmte. However, the more vital issue is: What is Harriet E. Miers "judicial philosophy," i.e., her judicial theory?

The Cmte failed in its queries to (now) Chief Justice John G. Roberts. Will it fail as well w/ Miers?

If Roberts is reactionary, he's replacing Rehnquist who was another reactionary. But Miers is replacing the all-important "swing vote" on many important legal issues that could turn back the clock on all of us across America!




.

[Marr]

9. Anyone else notice the increased use of Hamilton in historical

discussions over the last several years? In print, I mean. He seems to be lionized much more often these days- seems odd to me.

[Rowdyboy]

10. Its the ascendancy of the right wing/Republican (though Hamilton

would gag at their support)...I think they misguidedly view him as some sort of hero.

[Rowdyboy]

11. A "Federalist Papers" kick for the morning crew

[me b zola]

12. To a "T". n/t

[baldguy]

13. Alexander Hamilton hates America.

[Tesla]

14. Hahaha!!!!

"Alexander Hamilton hates America."
Thanks for the giggle!

[davepc]

15. Another point from Federalist 76

But might not his nomination be overruled? I grant it might, yet this could only be to make place for another nomination by himself. The person ultimately appointed must be the object of his preference, though perhaps not in the first degree. It is also not very probable that his nomination would often be overruled. The Senate could not be tempted, by the preference they might feel to another, to reject the one proposed; because they could not assure themselves, that the person they might wish would be brought forward by a second or by any subsequent nomination. They could not even be certain, that a future nomination would present a candidate in any degree more acceptable to them; and as their dissent might cast a kind of stigma upon the individual rejected, and might have the appearance of a reflection upon the judgment of the chief magistrate, it is not likely that their sanction would often be refused, where there were not special and strong reasons for the refusal.

I don't like any of Bush's nominations, but whats the end game to fighting them?

[DoYouEverWonder]

16. Sandra Day O'Connor stays on the bench

who is an experienced and qualified SC Justice, who is not a total Bushbot.

[davepc]

17. for 3 years?

Whats to keep her from revising her resignation to "effective immediately"?

[DoYouEverWonder]

18. Because she just took a job

has the chancellor of William and Mary College. Which indicates that she is not ready to retire. If she is still willing and able to work, staying on the bench shouldn't be a hardship. It's should be her patriotic duty.

[Shredr]

19. If only * could read...