Washington  - U.S. Representative Thaddeus G. McCotter (R-Livonia) today introduced an amendment to the U.S. Constitution to restore the constitutional balance between the President and the U.S. Senate regarding the confirmation of Presidential appointees.

 

McCotter was blunt in his reason for proposing the amendment:

 

"One Senator's personal privilege to obstruct must not trump the President's constitutional power to appoint.  To allow this to continue would be unfair, unconscionable, and injurious to all involved - especially the federal nominee and the general public. The American public deserves the chance to take this matter into their own hands and ensure due process and good government by ratifying this amendment."

 

The McCotter amendment would require the U.S. Senate to affirmatively reject a Presidential appointee who is currently constitutionally subject to the confirmation process within 120 days or else the appointment would be deemed approved.

 

Congressman McCotter proposed the amendment to prevent judicial appointment delays--specifically the delay occurring in the Sixth Circuit Court of Appeals.  President Bush has nominated four judges, Honorable Richard Allen Griffin, Honorable David McKeague,  Honorable Susan Bieke-Neilson and Honorable Henry William Saad, to serve on the Sixth Circuit Court of Appeals.

 

Senators Levin and Stabenow, however, have taken advantage of “blue slip” rules allowing them to prevent the judges from receiving hearings before the Senate Judiciary Committee and holding a vote.

 

The four judges were nominated more than a year ago by the President yet the vacancies have remained empty causing a judicial crisis the Sixth Circuit and hindering effective prosecution of criminal cases.

 

McCotter, who served as the Chair of the Michigan Senate's Governmental Affairs Committee, which was charged with reviewing all gubernatorial appointees, based the proposed U.S. Constitutional Amendment upon the Michigan Constitution's provision requiring state Senate rejection of gubernatorial nominees within 120 days, lest the appointments be deemed approved.

 

Of the Michigan model, McCotter said, “The deadline has protected the due process of appointees and served the public well by ensuring a swift and certain resolution of governmental vacancies.  The federal government confirmation process must do no less.”