Nation: The Constitution and the Appointment

PRESIDENT NIXON'S eleventh-hour attempt to stave off rejection of the Carswell nomination was an unusual effort to equate Senate opposition to the President's will with an attack on presidential powers and a threat to the system of checks and balances.

Nixon wrote: "What is centrally at issue is the constitutional responsibility of the President to appoint members of the court—and whether this responsibility can be frustrated by those who wish to substitute their own philosophy or their own subjective judgment" for his. Senate opponents, Nixon argued, were out of bounds in resisting Carswell...

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