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Why Filibusters Should Be Allowed
The Washington Post ^ | March 20, 2005 | George F. Will

Posted on 03/19/2005 10:26:40 PM PST by neverdem

With Republicans inclined to change Senate rules to make filibusters of judicial nominees impossible, Democrats have recklessly given Republicans an additional incentive to do so. It is a redundant incentive, because Republicans think -- mistakenly -- that they have sufficient constitutional reasons for doing so.

Today 60 Senate votes are required to end a filibuster. There are 55 Republican senators but not five Democrats who will join them. Republicans may seek a ruling from the chair -- Vice President Cheney presiding -- that filibustering judicial nominees is impermissible, a ruling that a simple majority of senators could enforce.

Democrats say they would retaliate by bringing the Senate to a virtual halt -- easily done within Senate rules. Republicans rejoice that such obstructionism would injure the Democrats. But conservatives would come to rue the injury done to their cause by the rule change and by their reasoning to justify it.

Some conservatives call filibusters of judicial nominations unconstitutional because they violate the separation of powers by preventing the president from doing his constitutional duty of staffing the judiciary. But the Senate has the constitutional role of completing the staffing process that the president initiates.

Some conservatives say the Constitution's framers "knew what supermajorities they wanted" -- the Constitution requires various supermajorities, for ratifying treaties, impeachment convictions, etc.; therefore, other supermajority rules are unconstitutional. But it stands conservatism on its head to argue that what the Constitution does not mandate is not permitted. Besides, the Constitution says each house of Congress "may determine the rules of its proceedings."

Some conservatives say there is a "constitutional right" to have an up-or-down Senate vote on nominees. But in whom does this right inhere? The nominees? The president? This is a perverse contention coming from conservatives eager to confirm judges who will stop the promiscuous...

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


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: constitution; filibuster; filibusters; georgefwill; judges; senate; ussenate
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1 posted on 03/19/2005 10:26:40 PM PST by neverdem
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To: neverdem

It would be nice to have 5 more senate seats...


2 posted on 03/19/2005 10:29:46 PM PST by SteveMcKing
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Comment #3 Removed by Moderator

To: neverdem
Democrats say they would retaliate by bringing the Senate to a virtual halt...

Anything to stop this pork barrel spending.
4 posted on 03/19/2005 10:33:20 PM PST by Tuefel Hunden (Once a Marine, always a Marine)
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To: neverdem
More bilge from the Compost.

I am soooo sick of liberals and other assorted moonbats.

5 posted on 03/19/2005 10:33:37 PM PST 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: neverdem
I would like ask George Will what he think we need to do if we don't use the constitutional option? Cave-in to the Democrats? For the record, no one is talking about eliminating the legislative filibuster. And it certainly does stand conservatism on its head to posit a super-majority vote is now required to confirm judges. The honest thing to do if you take that position is to amend the Constitution to institute such a requirement. But it is dishonest of Will to assert the notion one Congress's act binds its successors. Each Congress is free to decide what rules best work for it.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
6 posted on 03/19/2005 10:35:51 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Tuefel Hunden
"Democrats say they would retaliate by bringing the Senate to a virtual halt... "

..and destroy that warm and fuzzy bipartisanship they claim is all they want?

7 posted on 03/19/2005 10:36:24 PM PST by endthematrix (Declare 2005 as the year the battle for freedom from tax slavery!)
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To: neverdem
Democrats say they would retaliate by bringing the Senate to a virtual halt

Fine .. BRING IT ON

As for Goerge Will ... please re-read the rules about Judges

8 posted on 03/19/2005 10:36:52 PM PST by Mo1 (Why can't the public see Terry - What are they afraid of ??)
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To: neverdem
But it stands conservatism on its head to argue that what the Constitution does not mandate is not permitted.

It does not.

9 posted on 03/19/2005 10:38:44 PM PST by aposiopetic
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To: undercover brother
True. And I hasten to add the filibuster is NOT a constitutional requirement either. It is simply a long-standing Senate custom, embodied in the rules. Before 1974, it required a two-thirds vote or 67 of the 100 Senators present, to end a filibuster. Then it was changed to reduce it to a three-fourths or 60 of the 100 Senators present to end a filibuster. The point here is the rules were changed before and they can be changed again. They are not Holy Writ.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
10 posted on 03/19/2005 10:39:17 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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Comment #11 Removed by Moderator

To: aposiopetic
I read the Constitution to allow what it does not forbid and to forbid what it does not allow. If only people read the text as it was originally intended to be followed, this country would not be in the mess it is in today.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
12 posted on 03/19/2005 10:41:38 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: neverdem

Just one more piece of evidence that the Compost and Liberalism are both nuttier than a Christmas fruitcake.


13 posted on 03/19/2005 10:41:54 PM PST by BigSkyFreeper (You have a //cuckoo// God given right //Yeeeahrgh!!// to be an //Hello?// atheist)
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To: neverdem
".. The crucial, albeit unwritten, rule regarding judicial nominees was changed forever 18 years ago by the Robert Bork confirmation fight: Now both sides in the Senate feel free to judge and accept or reject nominees on the basis of their judicial philosophies. So, conservatives, think:

The future will bring Democratic presidents and Senate majorities. How would you react were such a majority about to change Senate rules to prevent you from filibustering to block a nominee likely to construe the equal protection clause as creating a constitutional right to same-sex marriage? .."

Will's essay is full of crap. Robert Bork's story tells you all you need to know about the Democrats. We are in the age of politics to the knife and the GOP needs to start playing that way. Never expect genuine comity or mercy from those animals.

14 posted on 03/19/2005 10:42:09 PM PST by Anti-Bubba182
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To: neverdem

There is a lot of truth in what Will says, but I am skeptical about whether a supermajority vote requirement for judges is constitutionally acceptable.

Granted, the Republicans could use the issue to their advantage in the next election, but wouldn't that be tantamount to admitting that supermajority requirements are permissible to confirm judges? Based on the Constitution's wording on the matter, I don't think that the Founders believed that supermajorities were needed for judicial nominations.


15 posted on 03/19/2005 10:42:37 PM PST by blitzgig
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To: neverdem

Will seems in love with the idea of 60 GOP senators, when practically speaking, what he is really in love with is a lot of vacancies on SCOTUS and chokepoint appellate slots in DC and the 9th circuit, and a couple of other circuits that really matter. Grey moderate nominees simply won't cut it given how politicized the federal courts have become, and how abusive they have been in exercising power. Both parties will want to nominate only reliables given the stakes, and I don't blame them for that. I blame the courts.


16 posted on 03/19/2005 10:42:43 PM PST by Torie
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To: neverdem
Democrats say they would retaliate by bringing the Senate to a virtual halt


17 posted on 03/19/2005 10:42:56 PM PST by KentTrappedInLiberalSeattle (I feel more and more like a revolted Charlton Heston, witnessing ape society for the very first time)
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To: neverdem
But it stands conservatism on its head to argue that what the Constitution does not mandate is not permitted. "

The Post again thunderously affirms its hilarious cluelessness about conservatism with this genuinely preposterous line. One might be as conservative as Hamilton or as radical as Jefferson in one's reading of the Constitution, and still recognize that this is in fact what the Constitution itself actually says.

To wit,

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. " (Amendment X).

Understanding the meaning of liberalism in the classical sense forces those of us who know history to remark that its stands the meaning of liberalism on its head for so-called liberals to defame the Bill of Rights as something that not even conservatives could be foolish enough to defend.

18 posted on 03/19/2005 10:43:02 PM PST by FredZarguna (Vilings Stuned my Beeber: Or, How I Learned to Live with Embarrassing NoSpellCheck Titles.)
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To: William Creel
George Will isn't a real consevative.

He just gives the Post and Newsweek the appearance they aren't as Liberal as they truly are.

19 posted on 03/19/2005 10:43:40 PM PST by BigSkyFreeper (You have a //cuckoo// God given right //Yeeeahrgh!!// to be an //Hello?// atheist)
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To: neverdem

What section of the USC is the filibuster in again? I've looked and looked, but cannot find it.


20 posted on 03/19/2005 10:45:53 PM PST by TheDon (The Democratic Party is the party of TREASON)
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