Once upon a time Mr. Justice John Paul Stevens was confirmed by a Democratic Senate as a member of the Supreme Court by a 98-0 vote.

Once upon a time the American public felt that the only promise a public servant need make was the Constitutional oath of office set forth in Section II of Article I of the United States Constitution:

“I do solemnly swear (or affirm) that I will faithfully execute the office of [President or other office] of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

The phrase, “So help me God,” so often added to the oath, as well as to the oath administered to witnesses, is not part of the official oath.

The draftsmen of our Constitution specifically restricted the oath to the words used because they wanted the oath to be pure, simple and sincere.

Now our national paranoia and general distrust of the goodness of man have reverted to a minute and comprehensive examination of everything that a nominee for office has ever done during his life including everything he or she has written or argued.

Sometimes they go into the persons a lawyer has represented, even though a lawyer has an obligation to represent everyone, no matter how wrong they appear to be.

This particularization of the examination of the qualifications for office is directly contrary to the Constitutional scheme as adopted by the drafters of the Constitution of 1787.

Traditionally, following the dictates of that Constitution, so long as the President or other nominating authority selects a nominee who is a citizen of the United States and 21 years of age, he is deemed qualified so long as he or she somehow had not been notoriously errant or criminal.

No one asked at Senate hearings whether a nominee was “pro-life” or “pro-abortion;” and even today the nominees feel that they have no right to be examined on these feelings:  they are obligated to follow their oath of office and that alone is sufficient.

Having taken that oath of office myself, I feel that the oath should be the only requirement: that a nominee is obligated above all else to honestly carry out his duties.

As the vote for John Paul Stevens indicates, it was intended that the Congress look at a nominee’s qualifications and, if sufficient, vote for the candidate’s confirmation regardless of his political affiliation or background.

That policy has been eminently successful before and those who argue against it argue against the intentions of the founders of this country and the authors of our Constitution.
No matter what they say.