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Gary McCaleb on Federalist No. 76: The appointing power of the executive

By Alliance Alert

ADF Attorney Gary McCaleb writing at Constituting America: "Federalist No. 76 recognizes that every government needs a stable of civil servants, who in turn must be secured for service with reasonable dispatch and with some assurance of quality. The paper plays off a consistent theme of our founding era?to balance each grant of authority (and concomitant power) with some restraint on the authority . . . As Hamilton predicted?and subsequent practice confirms?the Senate seldom shoots down a Presidential nominee, for many reasons: Most nominations are simply uncontroversial, so review is superfluous. And often, nominees intended to advance an agenda don?t always do so once in office; uncertainty about future performance complicates the review. Worse, for the controversial nominations, the Senate cannot be sure that refusing consent won?t lead to an even less palatable nominee the next time around."

Full post as published by Constitutionally Correct on August 11, 2010 (boomark / email).