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Dems push Gonzales 'no-confidence' vote [Unconstitutional]
Associated Press ^ | June 11, 2007 | LAURIE KELLMAN

Posted on 06/11/2007 3:05:10 PM PDT by spald

Dems push Gonzales 'no-confidence' vote

By LAURIE KELLMAN, Associated Press Writer 8 minutes ago

WASHINGTON - Senate Democrats blistered Attorney General Alberto Gonzales Monday with debate on a "no-confidence" resolution, but President Bush and fellow Republicans shrugged it all off as a waste of time.

No one predicted that the resolution would survive its test vote late in the day. But neither did Republicans or Democrats rush to defend Bush's longtime friend after he alienated even the White House's staunchest allies on a host of controversies — from the bungled firings of eight federal prosecutors to the handling of wiretapping authority under the USA Patriot Act.

Many Republican votes against the symbolic resolution apparently sprang from a fear of political retribution, not support of Gonzales.

"There is no confidence in the attorney general on this side of the aisle," said Arlen Specter (news, bio, voting record) of Pennsylvania, the senior Republican on the Senate Judiciary Committee, announcing he would vote for the no-confidence resolution.

The debate itself shook loose another Republican call for new attorney general.

"I have lost confidence in the ability of Attorney General Gonzales to lead the

Department of Justice effectively," Sen. Susan Collins (news, bio, voting record), R-Maine, said in a statement. "I think his continued tenure does not benefit the department or our country."

Other Republicans complained that the Democratic resolution was an effort to pressure Bush into firing Gonzales — an unlikely prospect in light of Bush's strong continued support.

"They can have their votes of no confidence, but it's not going to make the determination about who serves in my government," Bush said in Sofia, Bulgaria, the last stop on a weeklong visit to Europe.

"This process has been drug out a long time," Bush added. "It's political."

The attorney general said he was paying no attention to the rhetoric on Capitol Hill.

"I am not focusing on what the Senate is doing," Gonzales said at a nuclear terrorism conference in Miami. "I am going to be focusing on what the American people expect of the attorney general of the United States and this great Department of Justice."

Democrats said it was only fair that senators give Gonzales an official up-or-down vote, especially after five GOP senators had called for the attorney general's resignation and many more had publicly criticized him.

Sen. Dianne Feinstein (news, bio, voting record), D-Calif., one of the resolution's sponsors, said any attorney general should uphold the law rather than the president's political priorities.

"The attorney general has not lived up to this standard, and he has lost our confidence," Feinstein said on the Senate floor.

So-called "no-confidence" votes on members of the executive branch are rare, in part because the Constitution mandates the separation of powers. The only way Congress can remove a presidential appointee is through impeachment.

Majority Democrats toned down the language in the one-sentence resolution to attract more support from Republicans.

"It is the sense of the Senate that Attorney General Alberto Gonzales no longer holds the confidence of the Senate and of the American people," read the measure, sponsored by Sens. Chuck Schumer of New York and Feinstein.

Sixty votes were required Monday to bring the resolution to a formal debate.

Republicans protested the measure on constitutional grounds. There was scarcely any defense of Gonzales himself.

Senate Minority Leader Mitch McConnell (news, bio, voting record) called the debate a waste of time.

"It will have no impact on the tenure of the attorney general," McConnell, R-Ky., told reporters on a conference call.

Sen. Orrin Hatch (news, bio, voting record), R-Utah, did not defend Gonzales. He said the resolution failed constitutional and procedural tests and he took issue even with the notion that it accurately represented both houses of Congress or public sentiment.

"This joint resolution amounts to sound and fury, it signifies nothing," Hatch said on the Senate floor.


TOPICS: Front Page News; Government; Politics/Elections
KEYWORDS: 110th; dems; desperatedems; gonzales; noconfidence; senate
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There is no provision in the US Consitution for a no-confidence vote, which is quite common in a parliamentary system. Cannot the Republicans just vote "present" or no vote at all to protest this unconstitutional vote. 100 days my rump.

What say FReepers? Constitutional or Unconstitutional?

1 posted on 06/11/2007 3:05:14 PM PDT by spald
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To: spald

UN-constitutional - Gonzales serves at the pleasure of the President.


2 posted on 06/11/2007 3:08:10 PM PDT by WorkerbeeCitizen (I Relieve Myself In Islam's General Direction While I Deny Global Warming.)
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To: spald

Congress wasting time and your tax dollars.


3 posted on 06/11/2007 3:09:19 PM PDT by Jet Jaguar
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To: Jet Jaguar

Collins, Snow, that guy from Washington State (Gordon?) so far have voted with the democrats on this outrage. What a bunch of jerks.


4 posted on 06/11/2007 3:11:08 PM PDT by Laverne
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To: spald

No question. It’s unconstitutional and the republicans should call it that and ignore it.


5 posted on 06/11/2007 3:11:37 PM PDT by cripplecreek (Greed is NOT a conservative ideal.)
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To: cripplecreek

The three pubbies who have voted for this so far, clearly don’t care about our constitution anymore.


6 posted on 06/11/2007 3:12:16 PM PDT by Laverne
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To: spald
Sphincter and Shaky Voice Collins are a couple of real jerks.

I'm no fan of AG Gonzalez, but this crap is ridiculous.

7 posted on 06/11/2007 3:12:49 PM PDT by Recovering_Democrat (I am SO glad to no longer be associated with the party of Dependence on Government!)
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To: Recovering_Democrat

Coleman voted yes, as did spector


8 posted on 06/11/2007 3:13:37 PM PDT by Laverne
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To: cripplecreek
If it’s non binding and meaningless, how is it unconstitutional?
9 posted on 06/11/2007 3:15:01 PM PDT by AmericaUnited
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To: cripplecreek
If they tried to pass a law that said Gonzales had to step down it would be unconstitutional. This is not. Don’t bet your next mortgage payment unless you want to be homeless.
10 posted on 06/11/2007 3:16:55 PM PDT by AmericaUnited
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To: Recovering_Democrat

Lieberman is a grown up here, votes no.

Collins, Coleman, Specter, Gordon, Snowe, Hagel (I think he voted yes) should all be recalled.

Why can’t the republican ever stick together against the mud slinging of the democrats?

This disgusts me/

Motion fails. But it will make the news anyway. Disgraceful.


11 posted on 06/11/2007 3:17:38 PM PDT by Laverne
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To: spald

Big deal. Tony Snow said it means nothing, just liberals doing what they ONLY do well, waste time.


12 posted on 06/11/2007 3:19:51 PM PDT by jackv (just shakin' my head)
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To: AmericaUnited
Article II, section 2:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

http://www.usconstitution.net/const.html

13 posted on 06/11/2007 3:24:07 PM PDT by spald
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To: spald
In Article I for the Congress, no provision for a no-confidence vote

http://www.usconstitution.net/const.html

14 posted on 06/11/2007 3:25:35 PM PDT by spald
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To: spald

spald, they are not trying to pass any law that actually removes or replaces the Attorney General, so there is no “actionable” constitutional issue here.


15 posted on 06/11/2007 3:27:00 PM PDT by AmericaUnited
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To: spald

Just right off hand I would think that Congress can vote on anything non-binding that they want to vote on.


16 posted on 06/11/2007 3:27:18 PM PDT by gondramB (Do not do to others as you would not wish done to yourself. Thus no murmuring will rise against you.)
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To: AmericaUnited
It has no constitutional basis. They are referring to it with the term used in european Parliamentarian governments. It is not constitutional in the US. They might as well hold a "guy we won't invite to our Ice Cream party vote". At least that would represent the seriousness of their vote.

Imo it's probably so they can get points with their eurotrash friends when they go on summer vacation. GWB really irks the eurotrash elites which makes the US trash-elites uncomfortable when they vacation alongside their eurotrash bretheren. Heh, I've witnessed it firsthand.

17 posted on 06/11/2007 3:27:22 PM PDT by Justa (Politically Correct is morally wrong.)
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To: AmericaUnited

Just heard on Brits show that the vote failed.


18 posted on 06/11/2007 3:27:45 PM PDT by mware (By all that you hold dear..on this good earth... I bid you stand! Men of the West!)
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To: spald

It is absolutely not unconstitutional for the Senate, or the House, or both of them together to pass resolutions expressing their opinion on issues of the day, including Mr. Gonzales’ ability to inspire confidence.


19 posted on 06/11/2007 3:28:03 PM PDT by Jim Noble (We don't need to know what Cho thought. We need to know what Librescu thought.)
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To: AmericaUnited
If that's your position, should any Repubilcan vote "no", "yes" or "present"?

It would be nice if all Repubicans just voted "chocolate" and show the inanity of this exercise.

20 posted on 06/11/2007 3:30:01 PM PDT by spald
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