gordon gray, slide five, who was the white house counsel to president bush will be testifying on the next panel of this hearing. his view is actions would be unconstitutional act for a senator. let me read to you what he said. i quote, i believe the use of senate cloture to block nominations contradicts constitution's advice and consent clause. so senator lee, is your message to mr. gray that he didn't know constitutional law? >> i certainly would never say that. i have enormous respect for mr. gray. i consider him a friend. i also consider him something of a role model. as a constitutional scholar and i admire his work. i'm not sure of the totality of the circumstances in which he made that comment but let me say th this, my belief because congress is a legislative body consisting of elected officials and those elected officials are retired in increments, especially in the senate where we have elections every two years, you often have a set of laws one body has to deal with. in many instances you have members of a new congress that didn't vote for a previous law. it's not uncommon,