Tedious and Unconstitutional -- The Democrats' Estrada filibuster is a national disgrace.

Wall St Journal ^ | March 6, 2003 | DOUGLAS W. KMIEC

[SJackson]

WASHINGTON -- The plight of Miguel Estrada is a national disgrace. The confirmation to the D.C. Circuit of this highly talented lawyer is being aborted by a Democratic opposition bent on preventing the president and a majority of the Senate from staffing the federal courts as the Constitution requires. And the Democratic "spoiling" method -- filibusters, as presently conducted and entrenched in Senate rules -- are arguably in violation of the same Constitution.

[anniegetyourgun]

In my dreams I envision 200 patriotic conservative Americans transported (ala Star Trek) onto the floor of the Senate. Grabbing the microphones, they one by one proceed to chastise the liberal democrats for their childish and obstructionist antics. CSPAN catches the whole thing.......

[RobFromGa]

<<<<<<<<<<<<>>>>>>>>>>>>>>

[observer5]

The point is that the BIGOTED media will never make this an issue as there is different set of rules applied to DemocRats and Republicans.

[The Wizard]

This only proves to the American people that the democrats are enemies of our constitution.......and they will pay big time in 2004

And this will rid us of the beast in2006 because they will use her influence in this against her

[Dr. Scarpetta]

It would be far better for the Senate majority leader to insist that his colleagues address the "unconstitutionality of Senate Rule XXII," which requires 60 votes for cloture and, even more troublingly, requires two-thirds of all senators present and voting to amend Senate rules.

How can you call these democrats COLLEAGUES??? They're ENEMIES. Can this "UNCONSTITUTIONALITY OF SENATE RULE XXII" issue be taken to the Supreme Court?

[yoe]

The Constitutional damage from the Democrats is nothing new, that magnificent document always seems to get in their way. Please continue to harangue Tom Daschle etc:
daschle.senate.gov/webform.html
john_kerry@kerry.senate.gov
senator_leahy@leahy.senate.gov
senator@levin.senate.gov

miller.senate.gov/email.htm
clinton.senate.gov/email_form.html
edwards.senate.gov/contact.html
schumer.senate.gov/webform.html

Those Democrats who are attempting to run for the presidency in ’04 should be a little shaky about now, remind them they are trashing the US Constitution for the DNC not for the American people and that continued Party over Principal is just what America doesn’t want.

[Huck]

Interesting.

[hoosiermama]

Have not been able to get through to Bayh's office this morning.....all lines are busy. So, am trying to fax him a copy of this article.

[pgyanke]

Your Question: "Can this "UNCONSTITUTIONALITY OF SENATE RULE XXII" issue be taken to the Supreme Court?"

Sound to me like it already has and precedent is already set...

From the Article: "Likewise, the Supreme Court has repeatedly held that the legislature does not have the power to bind itself in the future. As the Court stated in Ohio Life Ins. and Trust Co. v. Debolt (1853), for the political process to remain representative and accountable, 'every succeeding Legislature possesses the same jurisdiction and power . . . as its predecessors. The latter must have the same power of repeal and modification which the former had of enactment, neither more nor less.'"

Let's see if the Pubbies can use this to their advantage or not. Sadly, the press will likely keep them in check...again.

[Dr. Scarpetta]

What do you think Frist can do if he wanted to get tough?

[conservatism_IS_compassion]

The point is that the BIGOTED media will never make this an issue as there is different set of rules applied to DemocRats and Republicans.

Journalism makes its money by entertaining--by gripping the attention of the public. Like all entertainers, it must have something unusual with which to entertain. Journalists (and dramatists) do that with plot lines which call into question the people, things, and institutions upon whom/which we do and must depend.

Who are the people upon whom all depend? The middle class, the conservative. So journalism systematically undercuts us. Not just our representatives or our president, but US. The best defense of our represenatives is to point out that the people who voted for them are being unfairly maligned.

On the point of the fillibuster, it has to be said that it was used by Republicans to prevent important mischief and therefore should be given due consideration rather than an out-of-hand dismissal. The present instance provides a potential for a tipping of the political balance of historic proportions in '04. Advertise exactly what is going on.

[SpinyNorman]

Maybe ask the Senators in question for the full text of the questions they presented to the candidate last Friday.

That buffoon from Connecticut, Dodd, was on Imus this morning, whining about how Estrada won't answer simple (illegal) questions. He made no mention of what questions he submitted to Estrada.

No wonder he is afraid to run for president. Severe baggage!

[pgyanke]

I'm not sure. Perhaps the Senate Parliamentarian can be pressed to declare a conflict of law within the Senate based on the earlier court decision and the Pubbies can step in with new rules. Beats me... I simply point out what I thought was interesting. I'll leave the strategerizing to the experts.

[Destructor]

When has the Constitution ever stopped the Dimocrats from doing anything politically expedient?

[hobbes1]

Tough?...Try this.


Go 24/7.

Make sure all 51 Republicans stay. when the Democrats break
up and start taking shift keep a careful count. when they get below 75,wait a bit (till about 3 am) and motion to amend the Senate rule regarding cloture. they will have more
than 2/3 of senators present and voting. as soon as the motion is agreed to, Invoke Cloture, and continue as planned.

[justshe]

Doesn't a motion for a rules change need unanimous consent to be voted on? If it does, all it would take is one Dem to object, and the vote could not proceed because debate would not be closed.

[hobbes1]

I don't see that in the Senate Rules, however one would have to put the proposed change in writing one day before it is heard, I am thinking late on friday afternoon....

[cogitator]

The Senate isn't going to change things on the filibuster and cloture, because most of the Senators realize that other Senate rules have been abused, by both parties, to block nominations before. Orrin Hatch said as much a couple of weeks ago.

[lepton]

So, if this is correct, the proper approach is to lay out a new Senate Rules system, and simply not recognize any provisions of the old. Let the Dems sue and lose.