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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
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To: Congressman Billybob; kayak
Thank you for the clear reminder, CBB. Suitable for framing for the unenlightened.

Thanks for this most important ping, kay
34 posted on 12/17/2004 10:35:00 AM PST by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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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: 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: 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: 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: 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: 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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