Advise and consent is in the Constitution and that little rule you mentioned goes back over 200 years. How does the Senate have any influence on a president without the minority having some sort of power to halt a very bad nomination. Jefferson put this in place to force a president to make more mainstream nominations and not partisan cookie cutter appointments. Like the right to privacy, this is a constitutional protection even without being in the Constitution.
Originally Posted by JD Barleycorn
Horseshit. It isn't in the Constitution. Period.
And there is no comparison to privacy, which is a right of the INDIVIDUAL.
The 60% cloture rules is a procedural rule - nothing more. Definitely not an individual right.
And advise and consent requires nothing more than 51%. That also has nothing to do with the cloture rule.
Once you sober up, try to remember this rule has been used to hammer conservative programs and political appointments as well.
Ever since Bork got slandered by Ted Kennedy and company, the GOP has had to find stealth conservative candidates with no paper trails even when they were in the majority in the Senate in order to avoid filibusters. Bork wasn't filibustered since the Democrats held the majority, but it has been a concern ever since.
The GOP will do better without the 60% supermajority than the Democrats will.