Article: From Abe Fortas to Zoe Baird: why some presidential nominations fail in the senate.

The U.S. Congress was designed to make legislating difficult. Fragmented power and multiple decision points afford those opposed to a bill ample opportunities to defeat it. In the Senate more than the House, members have significant parliamentary rights that allow them to delay action on legislation. Most bills introduced in Congress are ignored. Presidential proposals fare only slightly better - about one-fourth make it into law (Peterson 1990). In sum, for legislation introduced in Congress, there is a presumption of failure.

Nominations are different. Presidential nominees, even for the highest offices in the executive branch and the judiciary, typically are ...

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