In 1789 George Washington sent treaties over to the Senate for advice, a few Senators asked so many questions that he did not do it again. He also suffered a set back when one of his nominations for the Supreme Court was shot down for having been an opponent of the Jay Treaty. Deference to the President, even that President, was not a strong suit in the founders' minds - and as importantly they opposed the creation of a "court faction" around the executive.

It is clear from the constitution that the terms of advise and consent are entirely in the hands of the Congress, which not only sets the structure of the court system, but has no burden not to advise before there has been a nomination.

In the present there is, as there was in 1789, a public suspicion of faction and partisanship. However, with each layer of check and balance that has been stripped by the Republicans in their hold in Congress, the running of Congress has become more parliamentary in nature. This imposes party even on those who might otherwise decide on their own conscience. This is because if stopping an act, or passing one, can only be done by the action of the group, everything is on a quid pro quo basis. Or else one is left with no more effectual power as a representative than someone carrying a sign in front of the Congress.

If Americans want a less partisan system, then they must demand that the rules be changed to push away from partisanship. Leaving things as they are means more, not less, partisanship. If Americans want compromise, then they must demand rules that bring about compromise rather than capitulation. At the present Americans believe that government should neither be seen nor heard. This proposal is one which gives Americans what they say they want. If people choose not to back it, or some other advise and consent law, then they do not wish to have compromise - or rather they wish for it as a 5 year old wishes for a pony.

II. The structure of an Advise and Consent Law

Article I

When a vacancy occurs or is announced for any judicial post under Presidential appointment, the President shall submit not fewer than three names and not more than five names. The Senate Judiciary Committee shall, in closed session, vote on each of these names.

They may by 2/3rds vote endorse a nomination. The vote to endorse must be made by the Chairman of the committee and seconded by the ranking member of the largest minority party on the committee not part of the Senate Majority. The results of such a vote are to be reported to the Executive within one Senate business day of being taken, or within 72 hours if the Senate should adjourn.

They may by 3/5ths vote recomend a nomination. The vote to recomend must be made by the Chairman of the committee and seconded by the ranking member of the largest minority party on the committee not part of the Senate Majority. The results of such a vote are to be reported to the Executive within one Senate business day of being taken, or within 72 hours if the Senate should adjourn.

The above to votes must be separate.

They may by majority vote allow a nomination or nominations. These may be voted on as a group. The results of these votes may be held until all names have been acted upon.

If the names submitted have not been voted on within one year of their submission by the President, then all names not yet voted on are considered "allowed" by the committee.

Article II

A nomination endorsed by the comittee shall be next voted on, within 15 days in session, by the whole senate, with each senator limited to no more than two hours of debate or questioning of the nominee. The vote will require only a majority for consent. If a vote is not taken within 6 months of being submitted then the nominee is considered consented to.

A nomination recomended by the committee shall be next submitted on, within 15 days in session, by the whole Senate with a two hour limit for each senator for debate. It shall require a 3/5ths vote of the whole Senate to consent to the nomination. If a vote is not taken within 6 months of being submitted, then the nominee shall serve until the end of the Congress, at which point the seat shall be declared vacant again on the opening day of the new Congress.

A nomination allowed by the committee shall be subject to the usual nomination process of the Senate then in force. It shall require a 3/5ths vote to be consented to. If a vote is not taken within 6 months of being submitted then the nominee is considered rejected.

Nominations which were voted not allowed by the committee shall not be sent to the Senate.

Article III

The Committee may request information from the executive in relation to any name. The President must comply with these requests. The time required to produce requested information shall not count against the time limit for the committee to deliberate.

Article IV

No nominee for a court, other than the Supreme Court, whose jurisdiction extends over all or part particular state shall be endorsed if either senator from that state objects to the name placed in nomination.

No nominee for a court, other than the Supreme Court, whose jurisdiction extends over all or part of a particular state shall be recommended if both senators from the state object to the name placed in nomination.

Article V

A judge given an appointment while the Senate in recess may not be submitted to the Senate on an allowed vote for a seat on the same court for a period of 4 years from the date of recess appointment. Nor shall the same individual be given two successive recess appointments to the same court.

Article VI

In no case shall the Senate Judiciary have 3/5 of seats from the Senate Majority unless the majority commands 3/5 of the seats in the whole Senate. In no case shall the Senate Judiciary have 2/3 of seats from the Senate Majority unless the majority commands 2/3 of the the seats in the whole Senate. The Senate Judiciary shall be immediately reorganized should the majority's numerical status changes with respect to these limits.