REWRITING THE CONSTITUTION
In his most recent statement regarding the nuclear option, Frist again attempted to rewrite the Constitution to his own advantage; once again, he claimed a "Constitutional responsibility … to advise and consent with fair, up or down votes." In fact, the responsibility stipulated by the Constitution is simply to "advise and consent" with absolutely no language – and thus no mention of "up or down votes" – on how the Senate is supposed to exercise this duty. Frist knows this to be a fact. Last week on the Senate floor, Sen. Robert Byrd (D-WV) asked Frist the simple question: "Does the Constitution accord to each nominee an up-or-down vote on the Senate floor?" Frist had no choice but to admit: "No, the language is not there."
From the Center for American Progress