The U.S. Constitution creates a two-step process for appointing federal judges. The President first nominates a candidate. Then, the Senate provides its “Advice and Consent.”¹
In The Federalist Papers, Alexander Hamilton defended this structure. He argued it was designed to promote merit, ensure accountability, and check the abuse of power.² A close examination of his arguments reveals a problem. The modern Senate “Blue Slip” process is not a benign courtesy; it is a profound distortion that subverts these core principles.¹
This analysis will demonstrate that the Blue Slip is an unconstitutional and detrimental practice that must be abolished. This paper will proceed in three parts.
- It will examine Hamilton’s original intent for the appointments process.
- It will trace the Blue Slip’s historical perversion from a senatorial courtesy into a partisan weapon.
- Finally, it will demonstrate the practice’s irreconcilability with modern Senate procedure.