Sam Solomon has posted Contra Publius: The House as Cure for the Complaisance and Venality of the Senate (Cardozo Law Review, Vol. 42, 2020) on SSRN. Here is the abstract:
The time has come to amend the Constitution to address one of its glaring errors: the assignment of the Senate, and the Senate alone, to provide advice and consent to the President regarding nominations to the Supreme Court. The power to advise and consent regarding Supreme Court nominations should fall to the full Congress. This is so as a matter of ensuring representative-democratic principles in the Supreme Court confirmation process, in contrast to the existing counter-majoritarian system of exclusive reliance on the Senate. Put simply, the people of the United States deserve a one-person, one-vote backstop in the confirmation process, even though the Constitution’s framers did not see fit to provide one.
