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To: Sandy

Not sure exactly where you are coming from on this issue Sandy, but I'll offer the following comments:

1. Use of the filibuster to obstruct the confimation of judges -- while not "unconstitutional" -- is certainly an extraconstitutional abuse of power and abdication of responsibility. To use a parliamentary procedure to impose a 2/3 majority requirement on the confirmation process is flat-out wrong.

2. While I hope the GOP senators will go ahead and trigger a procedural ruling throwing out the use of filibusters against appointees, I wish they had simply changed the rules at the beginning of the session to clarify the advise and consent process and eliminate the "gentleman's filibuster" on nominees. If the dems want to shut down the senate and insist on debating the nominees ad infinit itim, then let them do so and let nothing else proceed out of the senate. Otherwise, make them put up or shut up.

3. While your comment that just because the Constitution requires a super majority in some matters does not mean it is forbidden in other matters has some merit, but this abuse of the filibuster to impose a supermajority on judicial nominees clearly violates the intent of the advise and consent clause, especially when you consider what the framers of the Constitution had to say about confirmation of presidential appointees. The current environment of Borking every appellate court nominee that comes along would be as offensive to Madison and Jefferson as the offenses of King George that Jefferson enumerated in the Declaration of Independence. The actions of Reid, Kennedy, Kerry, et al would have resulted in being tarred, feathered, and run out of town in disgrace.

4. There is a huge difference between legislation, which must be passed by both houses and differences worked out in conference committee, and the confirmation of presidential appointees, which is a responsibility reserved by the Constitution to the Senate alone. Where a filibuster might be justified in the case of bicameral legislation, it should never be used to prevent the confirmation vote for an appointee.


14 posted on 05/16/2005 1:07:40 PM PDT by VRWCmember
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To: VRWCmember

Strawman. He/She never said that the Democrats' abuse wasn't uncalled for or unprecedented. The poster simply stated that "not required" does not equal "prohibited."

It doesn't have "some" merit.


15 posted on 05/16/2005 1:12:25 PM PDT by MsJefferson (Self-evident)
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To: VRWCmember

I agree with your post, except for this part:

"3. While your comment that just because the Constitution requires a super majority in some matters does not mean it is forbidden in other matters has some merit..."

The Constitution clearly states which types of action require a 2/3 majority for passage. Only those issues that specifically state the requirement of a 2/3 majority are required. We don't assume a 2/3 majority for other issues where a simple majority is clearly intended, any more than we would illogically assume a 100% majority.


21 posted on 05/16/2005 1:53:32 PM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
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