[mabelkitty]

Frist needs to fire the current Parliamentarian and put one in place who will recognize this event as un Constitutional.

[Pharlap]

For what it is worth, I have done an analysis on the constitutionality of an Art II, Sec 2 filibuster verses an Art I, Sec 5 filibuster. Art II, concerns the powers of the President, including the appointment of federal judges. Art. I concerns the powers of the Congress to legislate. My conclusion is that under Art. II, Sec. 2, once the President nominates a judicial candidate, the Senate must give its advice and consent, and a filibuster is an unconstitutional interference with this mandatory duty. On the other hand, Art I, Sec 5 authorizes the Senate (and House) to establish procedures for carrying out their LEGISATIVE functions. Art. II, Sec 2 is NOT a legislative function. I have emailed my position to both the White House Chief Counsel and the Chairman of the Senate Judiciary Committee with a recommendation that this matter be taken to the Supreme Court for a declaratory judgment on the constitutionality of an Art II, Sec 2 filibuster