“Advice and Consent” in Historical Perspective

In recent years, commentators have complained about what they regard as an increasingly dysfunctional confirmation process for judges and high-ranking executive officials, and the proper role for the Senate in the confirmation process has been much debated. This Article suggests that confirmations have been contentious throughout American history, and that the focus on ideological issues in today’s confirmation proceedings is not anomalous. Indeed, historically, both Republicans and Democrats have used the confirmation process to delay or oppose nominations when the President hails from a different political party, and, sometimes, even when the President comes from the same party but there are ideological objections to the nominee. That the appointments process has, at times, been difficult and contentious should come as no great surprise. The Framers of the United States Constitution intentionally created a governmental structure that was more prone to obstructionism than other comparable systems. Relying on concepts like “separation of powers,” and “checks and balances,” the Framers sought to constrain the federal government in ways that would limit the possibilities for governmental abuse. The appointments power reflects this approach. Like many other constitutional powers, it is a shared power. Although the President has the power to nominate Article III judges, as well as ambassadors and “officers,” nominees can only be confirmed with the “advice and consent” of the Senate. By placing the power to appoint in two politically elected entities, the Constitution establishes a system whereby political influences will sometimes have a major impact on the confirmation process. Although contentiousness can arise during any type of nomination, some Supreme Court nominations have been particularly bitter. Both the Senate and the American public have increasingly become aware that the courts make law and that the political and judicial attitudes of nominees matter. Under such circumstances, the Senate’s inquiry quite naturally goes beyond the simple question of whether a nominee is qualified or unqualified. However, the confirmation process is more difficult today, even for nonjudicial nominees, because of the bitter partisanship that has infected the U.S. political system

A tool for measuring elevator cable tension

Simple tool for measuring relative cable tension is described, which weighs approximately two pounds, and can be produced at one-tenth cost of present tools

Viscosity dependence of the rates of diffusional processes

It is shown that the rates of diffusion-controlled processes may have a solvent vicosity independent part as well as a viscosity dependent part. Some relevant experiments involving intramolecular polypeptide movements are discussed, and implications for some experiments on diffusion in membranes are outlined

Protein folding, protein structure and the origin of life: Theoretical methods and solutions of dynamical problems

Theoretical methods and solutions of the dynamics of protein folding, protein aggregation, protein structure, and the origin of life are discussed. The elements of a dynamic model representing the initial stages of protein folding are presented. The calculation and experimental determination of the model parameters are discussed. The use of computer simulation for modeling protein folding is considered

Energy Spectrum Evolution of a Diffuse Field in Elastic Body Caused by Weak Nonlinearity

We study the evolution of diffuse elastodynamic spectral energy density under the influence of weak nonlinearity. It is shown that the rate of change of this quantity is given by a convolution of the linear energy at two frequencies. Quantitative estimates are given for sample aluminum and fused silica blocks of experimental interest.Comment: 9 pages, 3 figures; revised for better presentatio

An Ultrasonic analog for a laser

We report measurements on ultrasonic systems analogous to random lasers. One system entails unstable ultrasonic feedback between distinct transducers, another involves a piezoelectric device that emits spontaneously and by stimulation. Both systems are found to exhibit behaviors similar to those of lasers. Over a wide range of parameters we observe narrow single emission lines, sensitivity to linear cavity properties, complex multi-mode emissions, and line narrowing