In a speech on the Constitution’s “advise and consent” provisions to the Center for American Progress on April 25, 2005, Senator Byrd declared:
There is no stipulation in the Constitution as to how the Senate is to express its advice or give its consent. President Bush incorrectly — incorrectly — maintains that each nominee for a federal judgeship is entitled to an up or down vote. The Constitution does not say that. I say the Constitution itself does not say that each nominee is entitled to an up or down vote. The Constitution doesn’t say that, it doesn’t even say that there has to be a vote with respect to the giving of its consent. The Senate can refuse to confirm a nominee simply by saying nothing and doing nothing.
