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2005 SESSION

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056192236
HOUSE RESOLUTION NO. 28 Offered January 12, 2005 Prefiled January 10, 2005 Memorializing the Senate of the United States during the 109th Congress to expeditiously confirm all nominations to the United States Supreme Court by the President. ---------- Patrons-- Black and Cole ---------- Referred to Committee on Rules ----------

WHEREAS, Article II, Section 2 of the United States Constitution states that the President "shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States;" and

WHEREAS, there is the great likelihood that at least one vacancy on the United States Supreme Court will occur during the 109th Congress; and

WHEREAS, there is a possibility of the need to elevate a sitting judge on the United States Supreme Court to the position of Chief Justice during the 109th Congress; and

WHEREAS, activist judges on some federal courts have frustrated the constitutional structure which prescribes that laws shall be written by elected legislatures; and

WHEREAS, the President has expressed his commitment to appoint federal judges who will strictly interpret the United States Constitution; and

WHEREAS, in the past, a minority of senators have used dilatory tactics to prevent a Senate floor vote on several of the President's judicial nominations reported to the full Senate by the Committee on the Judiciary after a public hearing; now, therefore, be it

RESOLVED by the House of Delegates, That the Senate of the United States be urged during the 109th Congress to expeditiously confirm all nominations to the United States Supreme Court by the President; and, be it

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit copies of this resolution to the President of the United States, the President of the United States Senate, and the Virginia members of the United States Senate so that they may be apprised of the sense of the House of Delegates of Virginia in this matter.