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Appointing Supreme Court Justices: The 'Nuclear Option' in the US Senate
Special to FreeRepublic ^ | 17 December, 2004 | John Armor (Congressman Billybob)

Posted on 12/17/2004 5:59:58 AM PST by Congressman Billybob

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To: Congressman Billybob
"There is a tradition of unlimited debate in the Senate, which until 1917 could be shut off by a majority vote on the motion of four Senators. You may have read descriptions different than that in “reputable” publications including the New York Times. They are wrong. This is based on the journal of a Senator present in 1789 when unlimited debate was established. "

The Senate rule allowing four Senators to end debate was dropped in 1806.
Apparently though it was done not to allow unlimited debate, but because that rule (moving the question) was dilatory in it's own right.
It was dropped to speed up action in the Senate, not to slow it down.


... I'm surprised no one remarks upon the parallel between Byrd's "Rule 22" and Joseph Heller's "Catch 22"!

41 posted on 12/18/2004 7:19:53 AM PST by mrsmith
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To: Arkie2
I think the Democrats have promised to delay any and all legislation if this option is used.

You mean the spirit of cooperation and bipartisan comity that has characterized the Senate ....

Oh, never mind.

42 posted on 12/18/2004 7:26:48 AM PST by sphinx
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To: Luddite Patent Counsel
Where the Constitution is silent on such a question, the majority decides.

"Every man, and every body of men on earth, possesses the righ[t] of self-government: they receive it with their being from the hand of nature. Individuals exercise it by their single will: collections of men, by that of their majority; for the law of the majority is the natural law of every society of men. "

Opinion on the Constitutionality of the Residence Bill Thomas Jefferson July 15, 1790
An interesting read in it's own right.

A majority can decide a 2/3 vote is neccessary to change the rules, or they can decide a simple majority can.
In fine, it's simply up to the majority.

43 posted on 12/18/2004 7:42:53 AM PST by mrsmith
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To: Congressman Billybob
FAX copies of your excellent article are presently on their way to Senator Dole and Senator-Elect Burr.

No sense sending a copy to lame duck sometime-Senator Edwards. The last time I saw him an hour or two ago, he was chasing a speeding ambulance west on Main Street, resuming his more customary employment.

44 posted on 12/18/2004 1:27:46 PM PST by Gritty ("A basic definition: Politics is whatever you can get away with, without going to jail"-John Armor)
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To: Congressman Billybob

The process that you described for the nuclear option (or more appropriately the constitutional option) is consistent with what I have seen many times on FR.

I would appreciate your insight on the following options.

1. The Majority leader ignores the filibuster and procedes with a vote. Is it then the burden of the democrats to in effect bring up the nuclear option by raising the question to the chair? The thinking is this. They object to the action of the majority leader. They then have to ask for a ruling. What are the requirements for such a ruling?

2. The constitutional option gets voted down by the senate. Can one senator file a complaint to the Court system regarding the unconstitutionality of the filibuster for advise and consent. Otherwise, in effect a supermajority is required. It soes not seem appropriate for the senate to institute unconstitutional rules.

As a final thought, there are time to pick your battles. The integrity of the Court System is a battle that must be fought now. Almost nothing more (except National Security) is more important an issue for the government. I would agree that the votes were not there in the current Senate. I am hopeful that they are there now. In a Nov 7 thread, I suggested a quid pro quo for allowing Specter to become Judiciary Chairman was his support for the constitutional option. Now that this discussion has opened up, you could be certain that if the Democrats had a majority, they would enact such an ruling.

I am most worried about us trying to play nice and see what happens. I hope that we employ the constitutional option on Day 1. If the Democrats want to say they will tie up the Senate and appear obstructionist, then in the words of Dirty Harry "Make my Day".

As a final comment, I want to wish you and your family a happy and healthy holiday season.

Bob


45 posted on 12/18/2004 8:27:54 PM PST by TakeChargeBob
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To: TakeChargeBob
Thanks for your note. In answer to your questions;

1. Requires the same number of votes as the nuclear option, but is less tidy.

2. If this gets voted down in the Senate, Frist should be fired for being unable to count. The courts won't touch this subject with an 11-foot pole. The SC has said that on many occasions.

I agree with you about the importance of doing this now. And with the importance of NOT "playing nice."

Merry Christmas and a Happy New Year to you and yours, also.

Billybob
46 posted on 12/19/2004 5:21:11 AM PST by Congressman Billybob (FELICITY FAHRQUAR TAPED ON JEOPARDY -- THIS WEEK!)
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To: Congressman Billybob

The Nuclear option is merely the judicious exercise of available power.

It is catastrophic only in the view of those out of power.


47 posted on 12/19/2004 5:30:35 AM PST by bert (Don't Panic.....)
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To: You Dirty Rats

I am not holding my breath. Too many RINOs in the Senate. Even after January!


48 posted on 12/21/2004 8:53:27 AM PST by llevrok
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To: llevrok
We shall see before too long.

IMHO, the smart thing to do would be for the President to nominate somebody that the 'Rats would desperately want to filibuster, but just couldn't. This is why I think nominating Janice Rogers Brown would be a great idea. I just can't see DiFi and BaBo filibustering a highly-qualified popular black woman from California even if she is quite conservative.

49 posted on 12/21/2004 10:18:32 AM PST by You Dirty Rats
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To: Congressman Billybob

Well said. This gives me a great deal to think about.


50 posted on 12/22/2004 5:22:45 PM PST by Zack Nguyen
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To: Arkie2
I think the Democrats have promised to delay any and all legislation if this option is used. It would be a political war in the Senate and nothing would get done.

I suggest the Republicans let them, and then publicly use the wording you just enunciated.

And then, privately let it be known that no Democrat or Republican who stands in opposition gets a thing for his district until things return to normal.

51 posted on 12/22/2004 5:24:26 PM PST by Zack Nguyen
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To: Congressman Billybob

I vote for the common sense(nuclear) option.


52 posted on 12/22/2004 5:29:58 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: You Dirty Rats
For example, if the President were to nominate Janice Rogers Brown for CJ, I can't see DiFi and BaBo filibustering a very popular black woman from California.

I bet President Bush 41 thought that when he nominated Clarence Thomas. If the justice is pro-life, pro-traditional family, or for goodness sake's a Christian, then the scraping sound you'll hear are the knives sharpening. The libs will happily burn them at the stake.

53 posted on 12/22/2004 5:51:26 PM PST by Zack Nguyen
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To: Congressman Billybob
I can see you nodding off already.

No nodding off here. Not at all.

54 posted on 12/12/2005 4:53:47 PM PST by Bahbah (Free Scooter; Tony Schaffer for the US Senate)
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