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Why Democrats Are The Radicals On Filibustering
Captain's Quarters ^ | 5-23-05 | Captain Ed

Posted on 05/23/2005 8:58:22 AM PDT by rmgatto

Byrd changed the filibuster rules four times during his tenure as Majority Leader, abetted in at least one instance by former VP Walter Mondale, who now writes silly op-eds about the danger of such maneuvers to the Republic...

No one expects the GOP to eliminate the filibuster for legislation. Legislation originates within the Senate and is therefore an internal process, and the Senate is well within its power to regulate debate on its own terms for that purpose. However, the confirmation of executive appointments and treaties involve the power and responsibilities of the executive branch, and the Senate does not set the rules for those purposes. Those rules are governed by the Constitution, which calls for supermajorities only on specific items -- none of which are judicial appointments. This attempt by Democrats to apply an internal control to an external, interbranch function and Constitutional responsibility amounts to a usurpation of power by the Legislature, and worse, by a minority within the Legislature.

(Excerpt) Read more at captainsquartersblog.com ...


TOPICS: Government; Politics/Elections
KEYWORDS: constitutionaloption; democratnukereaction; execfilibusterbuster; filibuster; precedents; reidsnuclearreaction
The best explanation of the essence of the argument that I've seen here--thanks to the Captain.
1 posted on 05/23/2005 8:58:22 AM PDT by rmgatto
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To: rmgatto

I wonder if the Democrats, after losing this vote, will have the gall to file a lawsuit over the issue.


2 posted on 05/23/2005 9:01:46 AM PDT by Restorer
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To: rmgatto
blah blah blah...

Whose opinion does he think he's gonna change with this aritcle?

The moonbats aren't buying any argument other than a majority cave-in, and we "real" Americans already have decided who runs this Nation through our elections.

Maybe the author was talking to the GOP Senators?

3 posted on 05/23/2005 9:02:40 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Restorer
I wonder if the Democrats, after losing this vote, will have the gall to file a lawsuit over the issue.

After they've shopped for the right leftwing judge.

4 posted on 05/23/2005 9:12:57 AM PDT by Kenny Bunkport
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To: Restorer

That would be funny, because the argument would be that filibusters are not constitutional because the Senate has the power to set its own rules, but should not have the power to set its own rules to setermine what its own rules will be.


5 posted on 05/23/2005 9:13:21 AM PDT by Bluegrass Federalist
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To: rmgatto

Been waiting for a good explanation. This is it!


6 posted on 05/23/2005 9:15:15 AM PDT by lilylangtree (Veni, Vidi, Vici)
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To: clee1
Maybe the author was talking to the GOP Senators?

Bingo.

7 posted on 05/23/2005 9:18:05 AM PDT by rmgatto
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To: rmgatto
Frist could have avoided all of this if, at the beginning of this session, he had eliminated the judicial filibuster. But, nooooo! When this session began, the Dems promised no judicial filibusters. As usual, the Reps took the Dems at their word and now we are left holding the bag and made to look foolish in the MSM. The Dems do it to us every time. But worse than that, the Reps allow it to happen, every time. Every time the Dems offer to cooperate or play by fair rules, we need to think about Charlie Brown, Lucy, and a football!!
8 posted on 05/23/2005 10:35:52 AM PDT by Conservative Infidel (Only thing harder to find in US Senate these days than a Dem w/ a conscience is a Rep w/ a spine.)
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To: rmgatto

When is the freakin vote??? Sheeze. 4 days for one nominee?

Let's get it on...


9 posted on 05/23/2005 11:03:58 AM PDT by madison46 (Would Dems in 1904 be running on ideas from 1835? That's what they do now.)
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To: All

57% of Americans say that "Senate rules should be changed so that a vote must be taken on every person the President nominates to become a judge." That's unchanged from two weeks ago.

Maybe we ought to tell our U.S. senators about this poll, and also tell those "swing" senators.


http://www.rasmussenreports.com/2005/Judicial%20Nominations--May%2014.htm


Rush Limbaugh said that senators are wavering back and forth, partly because of pressure from the public - our phone calls, folks. Let's get more phone calls and/or e-mails than the other side does.

Even if none of these WAVERING senators is your own senator,
please call 'em, anyway.

The last I heard the key GOP Senators are John Sununu (NH), Collins (ME), DeWine (OH), Hagel (NE), Murkowski, Specter (PA), and Warner (VA). Frist can afford to lose only two, because McCain, Chafee, and Snowe have declined to end the judicial filibusters.

We can call toll-free at 877-762-8762 .


Fax or e-mail info can be found here (but phone calls are more effective):
http://www.conservativeusa.org/mega-cong.htm

Urge each to FULLY SUPPORT THE FILIBUSTERING
RULES CHANGE.


10 posted on 05/23/2005 11:11:52 AM PDT by Sun ("We're going to take things away from you on behalf of the common good," Killary Clinton, pro-abort)
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Comment #11 Removed by Moderator

To: Restorer
The gall yes, the legal precedent no I dont think the courts can interfere with the Houses rules
12 posted on 05/23/2005 11:21:06 AM PDT by Bigfitz (The mind is like a parachute works best when open)
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To: All; rmgatto

Alexander Hamilton wrote in Federalist Paper 76 that the Senate's role is to refuse nominations only for ``special and strong reasons'' having to do with ``unfit characters.''

The libDems think "unfit characters" means different ideology.


13 posted on 05/23/2005 11:22:02 AM PDT by Sun ("We're going to take things away from you on behalf of the common good," Killary Clinton, pro-abort)
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To: clee1

'Whose opinion does he think he's gonna change with this aritcle? '


How about Sen. John McSuckup? If not for him this issue would have been resolved long ago. It's what made this so difficult for Frist to get the votes. McC claims he is saving the judicial filibuster for Republicans to use in the future yet he opposed using it for Clinton nominees.

He is hurting the party to help himself. I suggest he run on a Hillary-McCain ticket. What a jerk!


14 posted on 05/23/2005 11:45:41 AM PDT by marylandrepub1 (They are not justices, they are Kings!)
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To: Sun

There was also discussion by the founders of a supermajority requirement for the rejection of a nominee.


15 posted on 05/23/2005 1:41:10 PM PDT by rmgatto
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To: rmgatto
abetted in at least one instance by former VP Walter Mondale

Not only that, IIRC Fritz was the Majority Leader in 1975 who lowered the cloture threshold from 67 to 60 by a simple majority vote.

16 posted on 05/23/2005 1:43:12 PM PDT by TeleStraightShooter (When Frist exercises his belated Constitutional "Byrd option", Reid will have a "Nuclear Reaction".)
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