The case for a super-majority confirmation

[Perky]

And in corollary the need to support the Filibuster.

The Senate in its establishment was meant to be a far more deliberative body. This was viewed as a moderating influence on the house which the framers were concerned would be a vehicle for the passion of faction (Federalist #10)


But here is the rub. If you do the math, while there is a clear majority of Republicans in the Senate (55-44-1), Democrats actually support about many more people than do the Senators. My guess would be it is about 60 Million (if you add the whole population of the state blue vs red senator)

I think the executive has to be given some wiggle room on ambassadors and Administrators because they typically are cronies and they do not survive the president's term in office.

Federal Judges do. They have lifetime appointments and are charged with fairly and freely interpreting the Constitution and their decisions can impact Americans for many years to come.

While the Senate is certainly supposed to be a deliberative body formed on the notion of all states having an equal voice, the empowering of unelected justices still needs to be considered in the context of greater national will.
Without regard to partisanship, It seem logical to have this important decision tied to the absolute majority view of the electorate: Not on abortion but on the outlook for the court and on the nominee.

A super majority of 3/5ths supports that notion.

In other words Nelson, Byrd and Johnson have a disproportionately powerful voice since they hail from small states, even conservative ones.


To my thinking this is the rationale behind the cloture rule and the reason why we need to fight this to the end.

In other words Nelson, Byrd and Johnson have a disproportionately powerful voice since they hail from small states, even conservative ones.

If Alito is bright, articulate, evenhanded and objective enough to get 60 votes He should be confirmed. It the Dem Senators who are still on the fence can't see this as an exercise in popular will...Screw them.