Title : "The fact was, the Senate’s 'advise and consent' was intended, from the start, to forestall the President from remaking the Court in his image."
link : "The fact was, the Senate’s 'advise and consent' was intended, from the start, to forestall the President from remaking the Court in his image."
"The fact was, the Senate’s 'advise and consent' was intended, from the start, to forestall the President from remaking the Court in his image."
"The Senate had, for most of its two hundred years, scrutinized the philosophy and politics of nominees—not just their competence, or honesty. And when a President picked a justice for reasons of ideology, it was the Senate’s duty to examine that ideology. Biden spoke for an hour straight, and at the end, no one could lay a glove on him. Mitch McConnell, GOP from Kentucky, actually had written on this subject at law school ... but when he came at Biden, Joe hammered him with history. And Dole, who had to carry the flag across the aisle, had a little speech ready, with a couple of zingers about 'constituent groups' and 'campaign promises.' But he couldn’t really knock down Biden’s point ... so he ended up just insisting that Bob Bork wasn’t such a bad guy. Biden said not a word about Bork (save to note his nomination, in the first sentence of his speech). He was arguing high principle. Tell the truth, he liked the view from high ground—Joe Biden, Defender of the Constitution! Anyway, if he could set the ground rules, he could take the fight to Bork. Through the millions of words that Bork had written or said, Joe Biden would paint a picture of the judge for the American people. That was how he could win the fight. Problem was, he didn’t know how he could paint the judge, or paint him into a corner, intelligibly. Joe had to make it connect. And he would not know ... till he had to make another speech."From Richard Ben Cramer's book "What It Takes: The Way to the White House" (about the 1988 campaign, published in 1992). President Reagan nominated Robert Bork to fill the Supreme Court seat vacated by Lewis Powell on July 1, 1987, and Joe Biden, who was trying to get somewhere in the Democratic presidential primaries, was the new chair of the Senate Judiciary, needing to make his mark.
According to Cramer, Biden didn't know what he thought until he spoke it out loud and sometimes not even then. That's what Cramer meant by writing that Biden didn't know if he could make the argument intelligibly "till he had to make another speech."
But the fact is, Joe out-argued the purportedly ultra-smart Yale law professor. And, according to Cramer, Joe had a real thing about the Ivy League elite:
“There’s a river of power that flows through this country... Some people—most people—don’t even know the river is there. But it’s there. Some people know about the river, but they can’t get in ... they only stand at the edge. And some people, a few, get to swim in the river. All the time. They get to swim their whole lives—anywhere they want to go—always in the river of power. And that river...flows from the Ivy League.”
Robert Bork came from the River of Power. And now he was going to the Supreme Court.
Unless he was stopped by Joey Biden—Syracuse Law, ’68.
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