Propose Amendments to the Constitution All the ideas and discussions
64 votes Vote

End filibuster of presidential appointments and proposals

Article II Section 2 Clause 2
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: and the Senate shall vote on all such appointments within 90 days of their nominations

Article II section 3 clause 1
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; and all such measures shall be voted on in each house within 180 days, Sundays excepted, unless by a three fifths vote of both houses Congress determines to extent this period, but no extension shall exceed one year from the date of the introduction.

Ben Fiedler , 01.10.2011, 02:40
Idea status: under consideration


luvmusic, 02.10.2011, 15:54
It's not clear to me how this is different from what exists today. Also, what happens if the Senate doesn't vote withing 90 days? I think the rule should be that the President can make any appointment he wants without needing consent. Instead, the Senate would have some time period in which they can choose to reject an appointment by 75% vote.
Ben Fiedler, 20.10.2011, 11:23
What I want to do is end the notion that you need a super majority (60 votes now ) in the Senate to get anything passed. That's the major problem with the system today and it directly contradicts the views of the Founders--see Hamilton Federalist 22 and Madison Federalist 58.
Jsailor, 26.01.2012, 04:58
The language you refer to is the current constitution, not the proposed amendment. If the Senate doesn't act within 90 days, the appointment fails, unless the President makes the appointment when Congress is not in session. See the recent dust up with the appointment of the director of the Consumer Protection Agency.
Virginia, 14.10.2011, 15:46
90 days for confirmation is fine. If congress fails to vote, the silence means consent. The nominee is automatically confirmed.
judgeman, 20.10.2011, 05:45
I don't think this is necessary. Supreme Court nominees take a pounding before they finally take their seat. Go ask Clarence Thomas. The Supreme Court is actually pretty balanced compared to the other two branches of the federal government.
jsailor, 26.01.2012, 05:01
This provision doesn't just deal with the Supreme Court; it covers all federal judges and numerous other officials. I believe more than 1000 appointments are currently hanging because the Republican House won't approve them.
Ben Fiedler, 20.10.2011, 11:26
If the Constitution requires a vote then a vote has to be taken up or down. You can't have an automatic confirmation unless you put that in the Constitution
jsailor, 26.01.2012, 05:15
The filibuster, by the way, is not in the constitution but is a Senate adopted rule. It used to be 2/3 and now is 60%. They could change it to majority in a heartbeat if they chose.

Leave a comment