BYRD: And the Constitution says that the Senate has the power of advice and consent. It doesn’t say how that consent would be measured. It doesn’t say it has to be an up or down. Nothing in the history, nothing in the Constitution says that. Yes, you can point that out in the Constitution to me, where it says a nominee shall have the right to an up or down vote. Can the Senator point that out in the Constitution to me? Can the Senator point that out in the Constitution to me?
FRIST: If the distinguished Senator from West Virginia would let me answer, I would be happy to.
BYRD: Yes.
FRIST: It’s not in the Constitution that a United States Senator specifically has the up or down – the right for an up or down vote.
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