Free Republic
Browse · Search
News/Activism
Topics · Post Article

This subject has heated up on FR in the last week. I've been writing on this for more than a year. Only now the "nuclear option" is no longer just theory.
1 posted on 12/17/2004 5:59:58 AM PST by Congressman Billybob
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-28 next last
To: Congressman Billybob

The "nuclear" option, as you describe it, sounds less nuclear and more like common sense to me.


2 posted on 12/17/2004 6:03:38 AM PST by noexcuses
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob

Good post BB.


3 posted on 12/17/2004 6:03:46 AM PST by Former Proud Canadian (.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
Good info CB..
let's hope the pubbies in the senate have gotten over their 'squeamishness' enough to put the constitution back on track.
4 posted on 12/17/2004 6:06:25 AM PST by evad (DUmmie FUnnies and Pookie Toons-the start of a nice day)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
This subject has heated up on FR in the last week.

Can you give us some links? I managed to miss it, and this is fascinating stuff.
Thanks.

5 posted on 12/17/2004 6:07:38 AM PST by Publius6961 (The most abundant things in the universe are hydrogen and stupidity.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
If we're talking "nuclear options", we should make the point that the Republican plans being discussed are more accurately described as a retaliatory response to the first-use of the nuclear option by the 'Rats. IMO, filibustering these judicial appointments in the first place was a "nuclear option". Invoking the rule described in the post is just a proportionate response. Republicans need to learn how to use the power they've earned at the ballot box, and understand that being the majority allows them more options, within the rules, than they had as a minority. Likewise the 'Rats, as the minority, need to learn that they'll reap what they sow.
6 posted on 12/17/2004 6:10:56 AM PST by chimera
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob

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. Not necessarily a bad thing in my opinion.

I wonder if the Democrats would receive the same criticism as the Rupublicans did for "shutting down the government" if this happens? No need to reply, we all know the answer to that already.


7 posted on 12/17/2004 6:10:57 AM PST by Arkie2
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob

Let us hope they actually do this!


8 posted on 12/17/2004 6:13:17 AM PST by protest1
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
Nice piece and I am certain totally accurate, however, until GW, Frist, and Cheney put the nuclear option to use it really is just "theory". Isn't it?

Theory or not, the question is, will President Bush pull out the political "football" and push the button?

9 posted on 12/17/2004 6:15:39 AM PST by ImpBill (Twas a very good election for the Republic!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
Okay everybody. Let's name the squish republican Senators who we'll not be able to count on, shall we?

I'll start:
1. Lincoln Chafee
10 posted on 12/17/2004 6:17:31 AM PST by demkicker (I'm Ra th er sick of Dan)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob

Thank you sir for that erudite explanation. It bears repeating that if the Pubbies cannot muster the needed cajones (AND VOTES) to get this done, they ain't worth shootin'!!!


12 posted on 12/17/2004 6:17:52 AM PST by el_texicano (Liberals are the real Mind-Numbed Robots - No Brains, No Guts, No Character...Just hate)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob; XJarhead
I've been defending Senator Frist for two years from attacks by Freepers who claim this is all his fault and he has no spine. It does appear that he never had 50 Senators that would be willing to go along with this. In the next Congress, he should.

Also, the Filibuster is not applicable in all cases today. The Filibuster cannot be used to stop budget resolutions.

I also wonder if the President will adopt Roosevelt's thinking when the latter appointed Senator Black, and nominate a very strong agent for change that the Senate would just have to accept. 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.

As an aside, my daughter is taking a college-level government class and has her final today, so we talked SCOTUS appointments. She was four when Clarence Thomas was nominated, so she has no memory of the vicious battle of those days. I told her that if she thought this past election was brutal, just wait for the SCOTUS hearings -- especially if a conservative nominee is set to replace a liberal Justice or a confused mediocrity like Sandra Dee "European Law" O'Connor.

13 posted on 12/17/2004 6:18:53 AM PST by You Dirty Rats
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob

Where exactly, in the constitution, does it say explicitly that a strict majority vote is all that is needed to approve a presidential nominee? I know it says 2/3 on treaties. Are we to simply infer from that unrelated passage that everything else is just a majority vote? Seems a bit of a leap to me.

Also, when have the Dems "filibustered" any judicial nominee from this administration? I thought a filibuster required holding the floor. In this ongoing debacle, I was under the impression that the Dims were getting away with this because the GOP refuses to actually make them endure a proper filibuster, with cots in the cloakroom and so on.


15 posted on 12/17/2004 6:27:11 AM PST by Luddite Patent Counsel ("Evil is just plain bad")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
Vice President Dick Cheney presiding, replies, “The point is well taken. Rule XXII does not apply.” The ruling of the Chair stands, unless overturned by a majority.

The ruling would be appealed to the Senate which stops action until they vote on it. In all likelyhood the Senate would not vote that Rule 23 applies because the premise behind the point of order is flawed in the first place. Rule 23 doesn't change the votes necessary to approve a judicial nominee, or any other nominee, or any other piece of legislation. Approval still only takes a majority.

16 posted on 12/17/2004 6:32:23 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
"This subject has heated up on FR in the last week. I've been writing on this for more than a year. Only now the "nuclear option" is no longer just theory."

Nuclear option good---in both politics AND power generation.

17 posted on 12/17/2004 6:45:37 AM PST by Wonder Warthog (The Hog of Steel)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
Thanks for keeping the attention focused on this important issue. I think the moniker "Nuclear Option" refers more to the presumed tantrum that would erupt than to the interpretation of the rule. But beyond that, it's sheer folly to think that this rule is actually an impediment that needs to be dealt with in the parlimentary manner described.

You referred to the portion of the Constitution which empowers each Congress with the authority to develop its own rules of procedure. Both the House and Senate reform every two years. Each new Congress is entitled to develop its own rules of procedure, notwithstanding any existing rule. If the new Congress could be held to account for a previous Congress rule, that would impute an additional element of power on the past Congress.

We know however, that each Congress has equally as much authority as any which preceeded it. What if a previous Congress had propagated a rule requiring that only members shorter than 5 feet could serve as a committee chair? The newer Congress would be wholly within its right to eliminate or modify that rule as it saw fit. The same holds with the filibuster rule. The Senate could disallow the use of the filibuster on judicial appointments when it determines its new rules. Any requirement that impels a super-majority to amend the rules can be ignored, as each Congress is entitled to decide for itself, its own rules of procedure.

19 posted on 12/17/2004 6:59:31 AM PST by Sgt_Schultze
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob

Excellent and timely!


22 posted on 12/17/2004 7:01:30 AM PST by hershey
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
Well done. Clear, simple parallels and argument. Hope the arguments find theire way to mass distrubution, and enter the public psyche.

... Waiting for the people who argue that the Senate should keep this unconstitutional practice, for the time Republicans want to act in an unconstitutional fashion.

25 posted on 12/17/2004 7:08:19 AM PST by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob; A Citizen Reporter; ABG(anybody but Gore); AFPhys; Angelwood; arazitjh; ...

I didn't find this to be "a heavy dose of constitutional law" at all but a very clear explanation of the situation. Thank you.


26 posted on 12/17/2004 7:17:02 AM PST by kayak (Merry CHRISTmas!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob

Thanks for your post and efforts. The ol' Constitution-to-the-head approach will work if we keep it cocked, locked and loaded at the Leftists. Prosecution for treason is another drum we must pound loudly and enforce! -- lest treason cease to be a capital crime by default!


28 posted on 12/17/2004 7:38:12 AM PST by The Spirit Of Allegiance (Ask WWJJD? What would Jesse Jackson Do? Find out & STAND AGAINST IT!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob; All
Interesting column in today's NY Post about this subject..The author's usually on point..this time I disagree with her..

Go here: "The Real Stakes in the Judicial Wars"

32 posted on 12/17/2004 9:44:34 AM PST by ken5050 (Ann Coulter needs to have children ASAP to propagate her gene pool. Any volunteers?)
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-28 next last

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson