In our system of government, the executive and legislative branches share responsibility for selecting the members of the third branch – the federal judiciary. This shared responsibility reflects the Founders’ desire to find a middle ground.
Our Founders didn’t want Congress to be able to grind the gears of government to a halt over political disagreements with the president. But, they also didn’t want the president’s powers to be absolute and unaccountable. Thus, Article II of the Constitution gives the president the job of nominating judges – but only with the “Advice and Consent” of the Senate.
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