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Tuesday, July 19, 2005

Federalist No. 76, part 2

Hamilton addresses more of the problems associated with placing the appointment power solely with a legislative body:
... The choice which may at any time happen to be made under such circumstances, will of course be the result either of a victory gained by one party over the other, or of a compromise between the parties. In either case the intrinsic merit of the candidate will be too often out of sight. In the first, the qualifications best adapted to uniting the suffrages of the party, will be more considered than those which fit the person for the station. (i.e., Litmus test candidates -- must satisfy NARAL pro-infanticide or the Dems will be instructed to fillibuster and vote no if a vote even comes) In the last, the coalition will commonly turn upon some interested equivalent: "Give us the man we wish for this office, and you shall have the one you wish for that." (the dems will approve a moderate (read swing left vote) if they can get another extremist--and they'll call it 'preserving the balance' on the court ) This will be the usual condition of the bargain. And it will rarely happen that the advancement of the public service will be the primary object either of party victories or of party negotiations.

still more to come

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