OPINION

CONTENTSI-

21

CLOSE-UP

Daughters Of The
Commandments

THE WH

WASM I

SUSAN WEINGARDEN
Three Jewish girls
experience bat mitzvah
from different
perspectives —
Orthodox, Conservative
and reform

:

34

ANALYSIS

Preparing For
The Pope

JAMES DAVID BESSER
What issues will
Jewish leaders
approach the
Pope with when
he visits
the U.S.?

45

BACK TO SCHOOL

Judge Robert Bork was nominated July 2 by President Reagan.

The Senate Has The Authority
And The Need To Reject Bork

HAROLD NORRIS
ooner or later, every major po-
litical question is presented to
the Supreme Court as a constitu-
tional one," said DeTocqueville in his
historic volumes on Democracy in America.
Such questions have been slavery and civil
rights, votes for women, freedom of religion
and speech, rights of business and labor.
Hence a Supreme Court nominee's judicial
philosophy and views on the Constitution
are strategic.
President Reagan ,nominated Judge
Robert Bork because of his judicial
philosophy. If the President had nominated
a more detached and open-minded person,
in the mold of the exiting Justice Powell,
the Senate would have been more com-
pliant. But the President wants, and he has
a right to attempt, a fundamental re-
orientation of the Supreme Court with
Judge Bork, and the Senate, and the public,
will respond proportionately.
The Senate has the equal power to con-
sider judicial philosophy. Many close
observers believe that in the present com-
position of the court, with Judge Bork pro-
viding the swing vote, the nation will be
amending the Constitution with the ap-
pointment of one individual. Senator Alan
Cranston said the Bork nomination "may
be the most important vote that I and the
other 99 Senators will cast during our stay
in Washington."

s

Harold Norris is a professor of constitutional law at
Detroit College of Law.

What is the degree of authority of the
President and the Senate over Supreme
Court appointments?
Is there not a tradition of Senate con-
firmation if the nominee is generally
"qualified?"
What should be the criterion for
presidential, Senate, and public evaluation
of a nominee?
In Article II, Section 2, the United
States Constitution states that the Presi-
dent "shall nominate, and by and with the
consent of the Senate, shall appoint judges
of the Supreme Court." In this connection,
the Constitution applies the principle of
the separation of power. We must note that
the President's nomination is subject to the
Senate's "advise and consent." This corn-
bination of co-equal powers should force an
approach to common counsel, compromise,
and agreement. This principle of separa-
tion of powers to promote checks and
balances pre-supposes public vigilance and
input.
In short, the Constitution envisions
that the President and the Senate shall
cooperate as equals to arrive at consent on,
the nominee, and that the public shall be
part of the monitoring of this process.
While a tradition of Senate confirma-
tion if the nominee is generally "qualified"
has been followed in many cases, it is also
true that 20 percent of the presidential
Supreme Court nominees have been re-
jected. More nominees have been rejected
for the Supreme Court than for any other
federal post.
The Senate has as much legal power as

Continued on Page 12

A special section of
articles and features
dealing with education
from kindergarten
through adult education.

63

ENTERTAINMENT

An Eye For An Aye

SUSAN TAUBER-HYKE
Dr. Donald Schore gets as much
pleasure from his work as he does
from being on stage.

LIFE IN ISRAEL

Israel's Druze Minority

78

SHIMON BEN NOACH
Israel's small Druze minority exists in
harmony with Israel's Jewish majority.

SINGLE LIFE

Across The Border.

95

HEIDI PRESS
A group of Detroiters spent a fun-
filled weekend in Toronto aimed at
meeting new people.

DEPARTMENTS

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91
92
121

Synagogue
Torah Portion
Entertainment
Life in Israel
For Women

Anniversaries
Weddings
B'nai Mitzvah
Births
Obituaries

CANDLELIGHTING

August 28, 1987 7:55 p.m.

THE DETROIT JEWISH NEWS

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