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

To: Luddite Patent Counsel
When the Constitution wants a supra-majority, it says so. All else is majority vote. Every Congress since the First (1789) has so concluded. So has every Supreme Court decision since its first in 1804. So that is not a "leap," it is a done deal.

Read Article II, Section 2, clause 2, and see if you can tease any other meaning from it. I think not.

The Dems in this administration have been engaging in "filibuster lite." They say they are going to filibuster, and the Repubs proceed as if there was talking all night. But the talking all night has not been done.

Billybob

21 posted on 12/17/2004 7:00:04 AM PST by Congressman Billybob (FELICITY FAHRQUAR TAPED ON JEOPARDY -- YESTERDAY!)
[ Post Reply | Private Reply | To 15 | View Replies ]


To: Congressman Billybob

Art. 2, Sect. 2, Clause 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."

Nothing there says anything about a simple majority, no matter how it's "teased". You argue that the Constitution requires a simple majority, but the Constitution is silent as to this issue. Read the entirety of Sect. I and tell me if you can "tease" the words "simple majority" out of it. You argue that Congress can't determine this issue, but then tell me that Congress has "concluded" that "all else is majority vote". It may be "done deal" via the SCOTUS, it may be a good idea, it may be the way it's been done for 200 years, but it's not in the Constitution textually, which was my original point. You can't have it both ways.


29 posted on 12/17/2004 8:28:10 AM PST by Luddite Patent Counsel ("Evil is just plain bad")
[ Post Reply | Private Reply | To 21 | View Replies ]

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