In ordinary times, deference to a president's choice of executive branch officials is appropriate, and practices such as senatorial courtesy
Carona said he agreed to assist West out of "senatorial courtesy
." There was no support for the name change, and that was the end of the discussion until Huffines raised the issue.
The secret hold, also known as a procedural hold, is a senatorial courtesy
members can use to anonymously stall a bill they'd rather not see come to the floor.
Most of that power is derived from the concept of senatorial courtesy, a long-held Senate tradition, which promotes deference of one senator to another.
To understand this deliberate nature of the Senate's role, one only has to look at the practice of senatorial courtesy. Indeed, the concept of senatorial courtesy goes beyond the confines of the Senate and, at times, represents the courtesy a president extends, or arguably should extend, to senators.
They vary from the creation of military colleges to the federal exclusionary rule, from state regulation of political parties to Hawaiian statehood, from nationalization of fugitive-slave procedures to rejection of the League of Nations, from senatorial courtesy
to expansion of the Spanish-American War to the Philippines.
We at the Prospect are as steeped in tradition as anyone else, and we understand the value of senatorial courtesy
. We're just not sure it should be the organizing principle for the American judiciary.
"Nor do they any longer have the freedom to 'impound' -- thus saving -- funds appropriated by Congress to departments." Congress also carved out for itself a much more active role in preparing the federal budget, and the Senate has inflated "senatorial courtesy
" to allow a single senator secretly to block a presidential appointee's confirmation.
Lurking among the factors that previously had discouraged a challenge to the state practice of senatorial courtesy was the doctrine of political questions in its sundry applications.
Regarding the former, it was generally accepted that all judicial review of senatorial courtesy ought not to be precluded.(63) However, one of the concurrences would have limited intervention to no more than violations of the fundamental rights of the nominee.(64) The other justices were less restrictive in outlook and less reliant on expansive principles of restraint and the separation of powers.(65)
The Senate's role with respect to lower court appointments has traditionally included avenues for initiative (i.e., advice), in the forms of state party patronage and senatorial courtesy
, that are absent in the context of Supreme Court nominations, in which consent has been the principal legislative task.