"And the president is all wrong when he maintains that a nominee should have an up-or-down vote. The Constitution doesn't say that. The Constitution doesn't say that that nominee shall have any vote at all. There doesn't have to even be a vote"
About this Quote
The rhetorical move is classic Byrd. He invokes the Constitution not as a guiding spirit but as a text with strategic silences. “The Constitution doesn’t say that” is repeated like a gavel, shifting the argument from what democracy should look like to what the Senate can get away with. The final escalation - “There doesn’t have to even be a vote” - is the punchline and the threat. It’s less an interpretation than an announcement: advice and consent can mean delay, denial, or disappearance.
The context is the modern confirmation wars, when senators began treating vacancies as leverage rather than accidents. Byrd, a guardian of Senate tradition who also mastered obstruction, is effectively defending the chamber’s negative power: the power to say no without saying anything at all. It works because it exposes the uncomfortable truth behind “process” talk in Washington: procedure isn’t neutral. It’s policy by other means.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Byrd, Robert. (2026, January 17). And the president is all wrong when he maintains that a nominee should have an up-or-down vote. The Constitution doesn't say that. The Constitution doesn't say that that nominee shall have any vote at all. There doesn't have to even be a vote. FixQuotes. https://fixquotes.com/quotes/and-the-president-is-all-wrong-when-he-maintains-77015/
Chicago Style
Byrd, Robert. "And the president is all wrong when he maintains that a nominee should have an up-or-down vote. The Constitution doesn't say that. The Constitution doesn't say that that nominee shall have any vote at all. There doesn't have to even be a vote." FixQuotes. January 17, 2026. https://fixquotes.com/quotes/and-the-president-is-all-wrong-when-he-maintains-77015/.
MLA Style (9th ed.)
"And the president is all wrong when he maintains that a nominee should have an up-or-down vote. The Constitution doesn't say that. The Constitution doesn't say that that nominee shall have any vote at all. There doesn't have to even be a vote." FixQuotes, 17 Jan. 2026, https://fixquotes.com/quotes/and-the-president-is-all-wrong-when-he-maintains-77015/. Accessed 13 Feb. 2026.


