LIVE THREAD: SENATE FILIBUSTER!! Call Capitol Swtchbrd 1-800-648-3516 to Protest Dem Obstructionism

www.freerepublic.com | November 12, 2003

[Howlin]

FILIBUSTER BEGINS AT 6:00 P.M. EST!!!!

[conservatism_IS_compassion]

Filibusters and the Constitution

For more than two centuries, an unwritten Senate rule against the filibustering of judicial nominees has reinforced the constitutional design of the judicial confirmation process. The recent break with this longstanding tradition has set a worrisome precedent that raises serious constitutional questions. By intruding upon the power constitutionally vested in the President to nominate and appoint federal judges, and upon the power of the Senate majority to consent to the President's nominees, judicial filibusters pose a unique threat both to the seperation of powers and to the independence of the federal judiciary. Moreover, should the Senate decide on its own initiative to repeal the offending use of the filibuster rule, thereby codifying the tradition of ample but not endless debate of judicial nominees, an even stronger argument could be mande that any attempt to use the filibuster to entrench the filibuster itself would be unconstitutional.

Nice link.

[diotima]

Summary of the Frist-Miller Filibuster Reform Proposal

Prepared by the Office of Senate Majority Leader Bill Frist, M.D.


S. Res. 138 tracks the normal procedure to cut off a filibuster with several exceptions:

1. Applies only to nominations

2. Cloture cannot be filed until a nomination has been pending for 12 hours

3. Cloture requirements decline on succeeding votes: 60, 57, 54, 51, and finally a simple majority of those present and voting

4. A follow-up cloture motion cannot be filed until disposition of the prior cloture motion


The Reason for the Reform Proposal

The Democratic Minority in the 108th Congress has dramatically changed the norms on confirming judicial nominees brought to the floor. Prior to this year, the record number of cloture votes on a judge was two. On DC Circuit Court nominee Miguel Estrada, the Senate had seven cloture votes.

Prior to this year, no judge brought to the floor failed on a filibuster. There was one failed cloture vote on Abe Fortas for the Supreme Court in 1968 (a vote of 45-43). From statements subsequently put in the Record, it is highly questionable whether Fortas enjoyed majority support. After the one vote, Fortas asked that his name be withdrawn.

This year, four nominees with majority support have thus far failed due to filibusters (Miguel Estrada, Priscilla Owen, William Pryor, and Charles Pickering), and filibusters are threatened on many more.

The declining vote mechanism permits substantial debate, but allows the Senate to come to a decision, and restores the norm of not filibustering judges.

S. Res. 138 was reported from the Rules Committee in June with unanimous Republican support. We are proceeding through the regular order. (This is not the constitutional option.)

[davidosborne]

Should the Senate exercise its Constitutional duty to provide the President's judicial nominees with an up or down vote?

Yes:

19%
No:

81%


2357 total votes

[A Citizen Reporter]

I don't know. My mom always used to use the phrase "don't have a coniption fit" and she never lived any further south than Missouri.

[davidosborne]

DU

[Little Bill]

The commies that you share Washington State with problably have their "Select Towns", there are places on the Right Coast were all of the money in the world couldn't get you a rental, you have to submit a geneology, cash upfront of course.

[luv2ndamend]

Thanks for posting that!

[Howlin]

What is going on there? There weren't that many votes when I just went there to vote!

[Capitalism2003]

CALL YOUR SENATOR NOW!!! TOLL-FREE!

1-800-648-3516 (P.S., You don't really need to call YOUR Senator...Ask for your favorite demomoron and you will be connected. Leave LOTS of voicemails for Hellary/Tom Daschle/Chuck Schumer/Harry Reid etc etc etc Leave LOTS and LOTS of voicemails--Tell them to END the filibuster or lose your vote!:)

[Oldeconomybuyer]

McConnel up - my favorite pubbie.

[dep]

"He once said, 'you may as well slap my wife as to take highway funds from West Virginia.'"

i say we take the highway funds and leave mrs. byrd alone -- surely she's suffered enough. (though would probably wish that someone had slapped her before she entered unto her unholy alliance with byrd (any alliance with him being by definition unholy).

[Two Thirds Vote Aye]

Well said, dep, well said! How could I overlook the fact that pork is far more important than anything else?

[onyx]

"pitch a fit" is as common as pig tracks --- :)

[DeuceTraveler]

Where is the link?

[null and void]

Has anyone started a pool to guess how long it will take for Old Crusty to permanently bond Hillary!™ to her seat?

[Darlin']

Ain't it sweet ? Bobby Jindal recieved another endorsement today from the New Orleans Tribune, a publicantion that has been historically pro-democrat. Still, we have 3 more days till the election and in Louisiana that can be a lifetime.

[OXENinFLA]

I like Bennett (R-Utah)

[Petronski]

Hey, that's a great outline. Thanks. Wouldn't they just filibuster the bill too?

[Howlin]

McConnell knows his stuff! I wanted him for SML.

[onyx]

You and me both. He's a Kentucky boy, just like the fella I married.