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To: Cboldt
Given the evolution of the relationship between the Senate and the President, especially the farily rich panoply of scenarios that have played in the judicial nomination/confirmation arena, the issue is not a "mere rules change" at this point. Sure, that's where it eventually will get embodied (and I think the change belogs in Rule XXXI, mirroring Rule XXX - and not by modification of the cloture rule, Rule XXII). But until the Senate agrees that its supermajority requirement is "Constitutionally infirm," the terms of discussion don't much matter.

Guess I shouldn't have said "mere"..LOL

I realize that this is a very complex matter, but in the end, the Senate is given the power to regulate itself. I believe that whether the Dems like it or not, a simple majority vote can legally drop filibusters on judicial nominees.

Preventing legislative filibusters is an entirely different matter. I believe this is where the debate on the required supermajority comes into play, and the existing rules of the Senate would apply...

1,032 posted on 01/29/2006 2:01:50 PM PST by A.Hun (Common sense is no longer common.)
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To: A.Hun
Guess I shouldn't have said "mere"..LOL

You didn't, I inserted that. IIRC, your phrase was "just a rule change" or similar.

I believe that whether the Dems like it or not, a simple majority vote can legally drop filibusters on judicial nominees.

I agree.

Preventing legislative filibusters is an entirely different matter. I believe this is where the debate on the required supermajority comes into play, and the existing rules of the Senate would apply.

The rules apply both, to legislation and nominations - and to treaties too. But the treaties rule is set up in a way that renders the cloture rule moot. The nominations rule could be similarly adjusted, leaving the cloture rule as it is, for legislative matters.

I that that once one looks at and understands the principles behind those three rules, the adjustment that I advocate makes the most sense. Just the same, it's a tough leap in practice because it forever kills the use of cloture to stifle voting on a nominee. I think it's a better fix that a Parliamentary Ruling from the Chair on a Point of Order.

1,044 posted on 01/29/2006 2:27:53 PM PST by Cboldt
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