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The framers of the Constitution inserted the Advice and Consent Clause to ensure joint decision making between the president and the Senate in the exercise of the treaty making and appointment powers. What happens when the aims, purposes and spirit of that clause are abused or circumvented by either one of the joint decision-makers? We focus this week on the ability of presidents to thwart the constitutional blueprint for advice and consent of the Senate. Presidents possess considerable means to abuse and circumvent the Advice and Consent Clause, thus frustrating the aims of the framers’...

President Joe Biden recently signed an executive order creating a bipartisan commission that will study U.S. Supreme Court reform and, among other things, examine the size of the court and the justices’ lifetime appointments. The order excited partisan debate before the ink was dry. Former President Donald Trump, Senate Minority Leader Mitch McConnell, and a host of Republican leaders and commentators have warned that the plan will lead to partisan “court-packing” efforts by Democrats. Some liberals are, indeed, eager to expand the size of the Supreme Court from nine to 11 just...