of the United States. That was planned for a small number of
States, perhaps only nine, certainly at first not over thirteen.
The Senate, therefore, would be a body small enough to serve as
an executive council. Its necessary enlargement by the admission
of new States has long made it but ill-suited for this purpose,
and has thrown the power of confirming or rejecting an executive
nomination for judicial office largely under the control of the
Senators from the State to which the person named belongs,
although this control is much weakened if they do not belong to
the party of the administration. The principle that the greater
the concentration of the appointing power, the greater will be
the sense of individual responsibility for every appointment
made, makes this result of a Senate of ninety members not wholly
unfortunate. The President now consults a council of two.

Thirteen States in all originally gave to the Governor the power
either of appointing or of nominating the judges of the higher
courts; fourteen gave their election to the legislature; the rest
preferred an election by the people.[Footnote: 'Baldwin, "Modern
Political Institutions," 58, 59.] If we compare the original
practice in each State with its present practice, we find that
there are now fewer in which the Governor appoints or nominates;
fewer in which the legislature elects; more in which the people
do. Legislative elections have been found to imply a system of
caucus nominations, and have often led to a parcelling out of
places among the different counties in which geographical
considerations told for more than did fitness for office. In one
State[Footnote: Conn. Constitution, Twenty-sixth Amendment.]
since 1880, the legislature has elected on the Governor's
nomination. In practice they have never failed to act favorably