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To: PhiKapMom

Yes, we understand what a cloture vote is. We also understand that without a cloture vote, there is no up/down vote. This is what was done to Miguel Estrada and others. We understand that, as usual, the pollyanna pubs turn the other cheek and “do the right thing” to give the nominee an up/down vote, which nearly always ends in confirmation, while that civility is NEVER reciprocated.

Without a cloture vote, there is no confirmation. That is the only way to stop the appointment, not through the up-down vote. With 7 pubs voting aye on cloture, it gives cover to moderate rats to vote aye on confirmation even though they voted nay on cloture. So, yes, we know the difference. But apparently there are some such as yourself who don’t understand the importance of it.


196 posted on 09/09/2009 4:29:52 PM PDT by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: bustinchops

I understand the importance very well but I also pointed out that there are some on both sides of the aisles that do not believe that a filibuster should be used on Presidential appointees. In fact, it wasn’t originally used on appointees at all.

Here is the rationale by a Constitutional scholar who talks the Constitution and how filibuster works on bills by the Senators. But here is his take on filibustering nominees:

There is no rationale for a filibuster, however, when the Senate is acting under Article 2 in advising and consenting to presidential nominations. As Crockett points out, here the president is “the originator and prime mover. If he wants to make the process more burdensome, perhaps through lengthy interviews or extraordinary background checks, he can.’ The Senate’s role is to accept or reject the president’s nominees, just as the president has a responsibility to accept or reject a bill approved by both houses of Congress. There he does not have the option of delay. Nor should Congress have the option of delay in what is fundamentally an executive function of filling the nonelected positions in the federal government. In other words—to quote Crockett once more—’it is inappropriate for the Senate to employ a delaying tactic normally used in internal business—the construction of legislation—in a nonlegislative procedure that originates in a coequal branch of government.’


206 posted on 09/09/2009 4:44:09 PM PDT by PhiKapMom (Mary Fallin - OK Gov/Coburn - Senate 2010 ! Take Back the House/Senate! Stop ZERO!)
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