An executive resolution authorizing the en bloc consideration in Executive Session of certain nominations on the Executive Calendar.

The Senate possesses the constitutional authority to determine its own rules of proceeding, including the method by which it considers nominations. Article I, Section 5, Clause 2 grants each House the power to 'determine the Rules of its Proceedings.' The en bloc consideration of nominations in Executive Session is a procedural mechanism that does not infringe upon the President's appointment power under Article II, Section 2, Clause 2, which requires the advice and consent of the Senate. The Senate may expedite its business through such rules, as the Federalist No. 66 notes the Senate's role …

The Constitution vests the Senate with the sole Power to advise and consent to nominations (Article II, Section 2, Clause 2). En bloc consideration of nominations may be permissible if it does not deprive Senators of their individual duty to deliberate on each nominee's fitness. However, if such a procedure is used to rush or obscure the examination of a nominee's character or qualifications, it would violate the spirit of the advice and consent clause, which requires a deliberate and informed judgment. The Tenth Amendment reserves to the States and the People all powers not delegated, and the…

This resolution is a procedural rule of the Senate for considering nominations. The Constitution grants each House the authority to determine its own rules of proceedings, and the Senate's power to structure its advice and consent function includes the ability to consider nominations en bloc, provided each nominee is individually subject to the final vote. The cloture motion is a legitimate exercise of the Senate's control over debate and calendar management. Nothing in the Constitution requires that nominations be considered individually or in a specific order. Therefore, this action is consi…

The Constitution vests in the Senate the sole Power to advise and consent to nominations, and Article I, Section 5 grants each House the authority to determine the Rules of its Proceedings. The en bloc consideration of nominations in Executive Session is a procedural rule that does not violate any express constitutional provision. As established in Marbury v. Madison, it is the duty of the judicial department to say what the law is, but here the action concerns internal legislative procedure, which is a political question committed to the Senate's discretion. The Necessary and Proper Clause (A…