Sen. Schumer has pressed Judge Gonzales on whether the Constitution

prohibits filibusters of judicial nominees, and has challenged Gonzales

to point to where in the Constitution such a prohibition is written.

(Schumer insists it is hypocritical for “strict constuctionists” who

reject the “right to privacy” because it does not appear in the

Constitution to claim a prohibition against filibuster which, Schumer

points out, is not expressly spelled out either.) Judge Gonzales is

trying to duck — insisting that he has no opinion and that it’s an

internal senate matter. Schumer is not satisfied, has asked Gonzales to

think further on it, and promises to press him again in the second round

of questioning, after giving Gonzales time to study his copy of the

Constitution.