As I said, it's politics.
And as J.Balkin says, Ari's response is bullshit.

---"The more we can consult, the more we can meet, the more we can talk about avoiding a major confrontation, the better off the country and the system will be," Senate Democratic Leader Tom Daschle said after meeting with Bush at the White House.
But White House spokesman Ari Fleischer called Daschle's request a "novel new approach to how the Constitution guides the appointment process."
"We always welcome thoughts, but certainly no one wants to suggest that the Constitution be altered," Fleischer told reporters.---

More sloppiness in the press (and at The Times.) In the mailbox today: Greg Palast on Cynthia McKinney.