It is disturbing to see how readily many of the letter writers to the Sun Journal are willing to give up the protection of the U.S.Constitution. That is the function of the courts, particularly the Supreme Court.

As Hamilton put it in Federalist Paper No. 78, “There is no liberty if the power of judging be not separated from the legislative and executive powers.”

Neither the president nor the Congress is above the Constitution. It is the courts’ responsibility to interpret and enforce the power of the Constitution. Protecting “the complete independence of the courts” was a major concern of the Founding Fathers.

Again, in Hamiltion’s words: “If the power of making (appointments) were committed to either the executive or the legislature, there would be danger of improper compliance to the branch that held it.”

The solution chosen was to provide for a joint responsibility – the Senate to “advise and consent” to appointments. With that responsibility, “If an ill appointment should be made … (the executive and the Senate) … would participate in the opprobrium and disgrace.”

In the past, most nominations have sailed through the Senate with minimal debate because the president has taken the “advice and consent” seriously and asked for advice before presenting his nominations.

We can hope that the recent, non-partisan White House meetings are a harbinger of that cooperation on new members of the Supreme Court.

Bill Ellis, Rangelely

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