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 say further that for this great legislative body to ignore the Constitution and the fundamental concepts of our governmental system is to act in a manner which could ultimately destroy the freedom of all American citizens, including the freedoms of the very persons whose feelings and whose liberties are the major subject of this legislation.
I am not running for mayor yet. But if it comes to be true that people cannot voice an opinion unless they have been elected, then we are no longer in a democracy.
China is not a superpower, nor will she ever seek to be one... If one day China should change her color and turn into a superpower, if she too should play the tyrant in the world, and everywhere subject others to her bullying, aggression and exploitation, the people of the world should identify her as social-imperialist, expose it, oppose it and work together with the Chinese people to overthrow it.
I consider it…as subverting the fundamental and characteristic principle of the Government…and as bidding defiance to the sense in which the Constitution is known to have been proposed, advocated, and adopted. If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one.
My point was that the war was intrinsically wrong, and as a result of our participation we haven't improved Australia's security but created a greater danger at home and abroad.
Communism needs democracy like the human body needs oxygen.
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