Posted on 03/03/2005 11:31:13 PM PST by KentTrappedInLiberalSeattle
WHEN DEMOCRATIC SENATOR ROBERT BYRD rose on the floor Tuesday to compare the tactics of his Republican colleagues in the battles over judicial nominees to those employed by Hitler in building the Reich, you knew two things.
First, that the Democrats would never abandon their extra-Constitutional position that nominees to the federal courts could be required to receive 60 as opposed to 51 votes for confirmation.
Second, that the Democrats had already lost the battle. When the captains are named Leahy, Kennedy, Schumer, Boxer, and Byrd, the outcome is not in doubt.
If you missed the Byrd outburst, you can read it here . Radioblogger did a survey of the mainstream media on Wednesday morning and found little coverage of the meltdown, though by Wednesday afternoon some cable news shows began to address Byrd's astonishing comparison.
Senator Byrd is anticipating that, faced with continued obstructionism, Majority Leader Frist will force through a rules change that provides for up-or-down votes on any judicial nominee that emerges from the Judiciary Committee. The GOP base, the thinking goes, will demand nothing less, and any Republican senator who refuses to support the change will be finished as a significant force in 2008 presidential politics.
But Byrd's outrageous objection is doubly offensive because during his stint as majority leader, Byrd himself pushed through rules changes that benefited his party. Here is Byrd, from the Congressional Record, January 15, 1979 (courtesy of the blog Beltway):
"This Congress is not obliged to be bound by the dead hand of the past. . . The first Senate, which met in 1789, approved 19 rules by a majority vote. Those rules have been changed from time to time . . . So the Members of the Senate who met in 1789 and approved that first body of rules did not for one moment think, or believe, or pretend, that all succeeding Senates would be bound by that Senate . . . It would be just as reasonable to say that one Congress can pass a law providing that all future laws have to be passed by two-thirds vote. Any Member of this body knows that the next Congress would not heed that law and would proceed to change it and would vote repeal of it by majority vote."
IF THE GOP sets up the confrontation with care, it could set the Democrats back another ten years. The American public knows that a simple majority is the essence of fairness, and that the number "40" does not appear anywhere in the Constitution. They also know that Democrats have raised the bar highest for nominees with orthodox religious views; their campaign against Catholic judge David Pryor is especially offensive. Imagine the handicap newly announced Democratic Senate candidate Bob Casey--the pro-life Treasurer of Pennsylvania--will face in his race against incumbent Senator Rick Santorum given his party's bigotry towards devout Catholics like Pryor. Is Casey serious about making the argument that the rights of the unborn will be better off with another Democratic vote added to the caucus of obstruction? And if Casey promises to be open-minded about judges, will the GOP hesitate to point to newly elected Democratic Senator Ken Salazar of Colorado--who took less than two months to reverse his campaign position that all judicial nominees should get an up-or-down vote?
The Democrats have insisted on calling people of faith "extremists." Last weekend Howard Dean went so far as to brand his opponents on abortion issues as "evil." This is the sort of extremism that brings forth not only anger but also resolve.
An epic political battle will begin within weeks, and it is one which the Democrats have lost before it has begun.
LOL Love the title. Kudos to Hugh Hewitt.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
This slapdown of the mouthy Democrats is LONG overdue...
They have been afforded far too much "consideration" for their foolishness and extra Constitutional behavior...
Semper Fi
Because of his foreign success, the president is in a very good position to get the nominees slammed home. Do it now before the winds change. I think that Frist knows what is expected. If magic bullet man does not want to do his job, they had better throw his Pennsylvanian butt out of leadership in judicary.
my sense is that Repub supporters are all out of patience and rightfully so
Given my mood, I have no intention to consider any Senator for any high office.
A President has to lead. In War he has to be able to stand up to the world body. He (or she) must be able to stand against the terrorists without blinking. Our President must be able to protect our troops from a Congress that would seek to micro-manage the battle and lose the war. The President must understand polling date is secondary to defending our nation.
I have no faith in current Senators to succeed in any of this. They cannot stand against irrelevant Democrats. They cannot stand against a weakened MSM, one they had no part in bringing to its knees. No, the American people have brought down the MSM. Rush, cable, conservative publications, forums and blogs brought them down. They cannot stand against Reps enamored with their own power as "mavericks". If they cannot take the lead for the benefit of our country in reforming S.S., if they cannot take the lead in protecting our constitution, if they cannot allow judges to that would honor that constitution to be passed, if they cringe from any significant reforms...
They do not deserve the Presidency. I'm not even entirely convinced they deserve my vote as Senator. At this point their only claim to remain in power is that the Dems are now rooting for the terrorists, and most of the Reps haven't yet crossed that line.
The GOP had better start listening to those that elected them. I don't like spineless representatives that cater to the MSM and cower before those unworthy of fear. I don't fear H. Clinton. I don't fear Kennedy. I don't fear Pelosi. I don't fear Moveon.org. They shouldn't either.
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Mr. Hewitt makes a good point well. The only flaw is that he assumes that Frist has suddenly grown a pair. I seriously doubt it, but there seems to be a ray of hope. We should know soon, and if Hewitt's assumptions are correct, this is going to be hilarious.
EXCELLENT post - we should all send this to every GOP member in Washington.
Saving--thanks.
"Any Republican Senator who heads for the tall grass will not get the '08 presidential nomination, period."
Nor will he get any RNC money come reelection time.
Wow! Great commentary!
Real Americans have the American Eagle. The rats symbol is the Keagle. The Keagle is an ugly vulture that eats taxes and spews anti Americanism.
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