Article I of the Constitution vests the Vice President with the power to vote in the Senate in the event of a tie. Textually, this power is not subject to any additional qualifications. However, there are reasons to believe that the Framers intended this tie-breaking power to have certain practical limits, specifically in the context of confirming Article III judges. This essay argues that concerns about the separation of powers, the differences between legislation and the confirmation of presidential nominees, anti-majoritarianism, and the forsaken sixty-vote threshold for Supreme Court nominees all militate toward a prudential limit that restricts the Vice President from casting a tie-breaking vote to confirm a Supreme Court Justice
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
In this Article, Mr. Seth Barrett Tillman challenges the traditional interpretation of the Incompati...
In a few months, We the People will go to the polls and elect the electors who will elect (or, at le...
Article I of the Constitution vests the Vice President with the power to vote in the Senate in the e...
Since the 1973 prosecution of incumbent Vice President Spiro T. Agnew, the U.S. Department of Justic...
This article will expand on two major points: first, the nature of the higher responsibility which t...
In recent years, commentators have complained about what they regard as an increasingly dysfunction...
Senate confirmation hearings for Supreme Court nominees have in recent years grown increasingly cont...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Most scholarly attention on constitutional interpretation is focused on the judicial branch and its ...
In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to p...
The 2020 elections raised fundamental questions about the resolution of disputes over presidential e...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to p...
The Bush Administration will likely have the opportunity to make a number of appointments to the Sup...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
In this Article, Mr. Seth Barrett Tillman challenges the traditional interpretation of the Incompati...
In a few months, We the People will go to the polls and elect the electors who will elect (or, at le...
Article I of the Constitution vests the Vice President with the power to vote in the Senate in the e...
Since the 1973 prosecution of incumbent Vice President Spiro T. Agnew, the U.S. Department of Justic...
This article will expand on two major points: first, the nature of the higher responsibility which t...
In recent years, commentators have complained about what they regard as an increasingly dysfunction...
Senate confirmation hearings for Supreme Court nominees have in recent years grown increasingly cont...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Most scholarly attention on constitutional interpretation is focused on the judicial branch and its ...
In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to p...
The 2020 elections raised fundamental questions about the resolution of disputes over presidential e...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to p...
The Bush Administration will likely have the opportunity to make a number of appointments to the Sup...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
In this Article, Mr. Seth Barrett Tillman challenges the traditional interpretation of the Incompati...
In a few months, We the People will go to the polls and elect the electors who will elect (or, at le...
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