When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce, and the Senate becomes incapable of evaluating nominees or appropriately educating the public.
Interpretation
The Senate's failure to engage deeply with nominees undermines its ability to assess them and inform the public.
Elena Kagan critiques the Senate's approach to the confirmation process, suggesting that without substantial discussions on legal issues, the proceedings become superficial and ineffective. This lack of depth not only hinders the Senate's evaluation of nominees but also prevents the public from being properly educated about the candidates and the issues at stake.
In practice
In a speech on the importance of democracy, this quote can illustrate the challenges faced in political processes.
I owe a debt of gratitude to two other living Justices. Sandra Day O'Connor and Ruth Bader Ginsburg paved the way for me and so many other women in my generation. Their pioneering lives have created boundless possibilities for women in the law. I thank them for their inspiration and also for the personal kindnesses they have shown me.
To have the opportunity to lead the Solicitor General's office is the honor of a lifetime. As you know, this is an office with a long and rich tradition, not only of extraordinary legal skill but also of extraordinary professionalism and integrity. That is due, in large measure, to the people who have led it.
American radicals cannot afford to become their own worst enemies. In unity lies their only hope.
I think that if there are positions that you can't argue... then the responsibility is probably to resign. If one's own conscience is opposed to the requirements and responsibilities of the job, then it's time to leave the job.
If there is an ‘overabundance’ of an idea in the absence of direct governmental action - which there well might be when compared with some ideal state of public debate - then action disfavoring that idea might ‘un-skew,’ rather than skew, public discourse.
It's not that there are no masters, but that there are many. And the job of the solicitor general is to balance those masters and to accommodate them all, each in their proper places, wisely and well and in so doing to represent the people of the United States.
I would like to ask the many Filipino people to pray together, to help each other so that we will be able to preserve the democracy we restored 20 years ago.
Liberty is not a means to a higher political end. It is itself the highest political end...liberty is the only object which benefits all alike, and provokes no sincere opposition...The danger is not that a particular class is unfit to govern. ~ Every class is unfit to govern ... Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.
Policy is largely set by economic elites and organized groups representing business interests with little concern for public attitudes or public safety, as long as the public remains passive and obedient.
In the midst of these pleasing ideas we should be unfaithful to ourselves if we should ever lose sight of the danger to our liberties if anything partial or extraneous should infect the purity of our free, fair, virtuous, and independent elections.
British rule depends upon repression and collaboration and the Irish people should recognise that those who collaborate with Britain in exchange for a slice of the cake will implement British policy and remain silent when Irish people are murdered and oppressed. It is they who are responsible for prolonging the war in Ireland. Without the quislings, without the collaborators, we would already have reached freedom.
This is a country for, of, and by the people not for, of, and by the government. If we turn it over to them we cannot complain about what they're doing because this is a natural course of men and we have to hold their feet to the fire.
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