Federalist Paper 76: The Appointing Power of the Executive
From the New York Packet.
Tuesday, April 1, 1788.
Alexander Hamilton

What was our Founding Fathers intent with regards to Senate confirmation of a Presidential judicial nominee?
Upon what grounds should a nominee be rejected?
Should senators reject a nominee because he/she does not like him/her?
READ BELOW!!
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"There can, in this view, be no difference between nominating and appointing. The same motives which
would influence a proper discharge of his duty in one case, would exist in the other. And as no man could be appointed but on his previous nomination, every man who might be appointed would be, in fact, his choice.

But might not his nomination be overruled? I grant it might, yet this
could only be to make place for another nomination by himself. The
person ultimately appointed must be the object of his preference, though
perhaps not in the first degree. It is also not very probable that his
nomination would often be overruled. The Senate could not be tempted, by
the preference they might feel to another, to reject the one proposed;
because they could not assure themselves, that the person they might
wish would be brought forward by a second or by any subsequent
nomination. They could not even be certain, that a future nomination
would present a candidate in any degree more acceptable to them; and as
their dissent might cast a kind of stigma upon the individual rejected,
and might have the appearance of a reflection upon the judgment of the
chief magistrate, it is not likely that their sanction would often be
refused, where there were not special and strong reasons for the
refusal.

To what purpose then require the co-operation of the Senate? I answer,
that the necessity of their concurrence would have a powerful, though,
in general, a silent operation. It would be an excellent check upon a
spirit of favoritism in the President, and would tend greatly to prevent
the appointment of unfit characters from State prejudice, from family
connection, from personal attachment, or from a view to popularity. "
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So we see that a Presidential nominee is to be accepted by the Senate except on rare and severe grounds. In addition to this, never has there been a filibuster to overturn the constitutional mandate for a simple majority [51] votes needed to confirm. Each Senator should consider what Alexander
Hamilton said with regards to his or her reasons for not voting to confirm a nominee.

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