Nathan Moore's Thoughts
Undemocratic Developments
Per TeamGOP, Senate Democrats are pondering a filibuster to defeat the nomination of Judge Samuel Alito
Some senior Democrats told CNN they are worried that the move could backfire.
Republicans would need 60 votes to overturn a filibuster — a procedural move that extends Senate debate indefinitely, effectively blocking a vote. Senior White House officials said the move would make the Democrats look bad, and that Republicans believe they have enough votes to overcome any filibuster attempt.
Nearly all 55 Republican senators have said they will vote for Alito. Only three Democrats — Sen. Ben Nelson of Nebraska, Sen. Robert Byrd of West Virginia and Sen. Tim Johnson of South Dakota — have said they will vote for the nominee.
At least they’re improving. Just yesterday Senator Leahy wanted “90 or 100″ votes to confirm a nominee. At least now we’re down to 60.
UPDATE
Let us now forget the local bloggers who too want to frustrate that whole majority rules thing.
January 27th, 2006 at 10:08 am
The filibuster is a longstanding procedure of this democracy (under rules established by the Senate in its capacity to do so). So is the electoral college — something your side benefited from not all that long ago, and which effectively put your man in the White House for this particular decision.
Both may at times have effects contrary to the will of the majority of people as expressed at the ballot box; they are both mechanisms to ensure that the majority must reach out to the minority on crucial occasions.
No one enjoys fighting rearguard actions to preserve the Constitution. This is what many of us feel we are doing — Alito stands for a blank check for every illegal, unconstitutional thing Bush has done and plans to do. It’s precisely our commitment to constitutional democracy that drives us.
January 27th, 2006 at 12:01 pm
Actually, that’s not what the electoral college is there for at all. It’s reason for existence is twofold: to protect the republic from a popular yet destructive candidate, and to ensure that it is the states who elect the president. Conceivably a state could not even hold a popular vote for president, and reserve that power to the legislature, the electors, etc. The electoral college is a safeguard against too much democracy.
As for judges, the Constitution is plain that a super majority is not required for confirmation. Super majorities are specified when required (overriding a veto, impeachment, etc.). Regardless, the rules of the body cannot contravene the Constitution. Basic rules of statutory and constitution interpretation can only lead one to the conclusion that the use of a filibuster to thwart the advice and consent duty of the Senate is unconstitutional.
Liberals often cite the importance of the process over the result, from detainees in Guantanamo to the right to privacy - except here, when such an emphasis gets in the way of one’s politics. It seems awful Machiavellian to me and inconsistent. If you win elections and control both the executive and legislature, you select and confirm judges. That’s what the Constitution says.
As for your conclusions regarding Alito - I assure you he is not riding a black horse and blowing a trumpet. The doom predicted over his confirmation is grossly overstated.
N
PS I do enjoy your blog, by the way.
January 28th, 2006 at 3:58 pm
I have to live in Europe now. Unfortunately in England. I just want Americans to know that Europeans are laughing at you- guess who - Americans in general. Guess what President Bush is not the cause for this. I am surprised and ashamed at the way democrats are abusing this country of freedom. To those of you, the many illiterate who want to spoil America and what it was created for, you are fools. You are fighting and wasting America’s time over a good cause for the country. I am sick of having to pay the price of your abuse when I am overseas. If you want to be like europeans: hating each other, always jealous of one another, never satisfied with oneself, God insulting people, abusive to the meaning of life, invinting poverty in the country, then PACK YOUR BAGS AND YOU ARE WELCOME TO LIVE IN EUROPE BEGINNING WITH ENGLAND. WAKE UP-FIGHT BIN LADEN, SADAM, THE EUROPEANS WHO ARE MOCKING AT YOU, THE ARABS WHO ARE ESPECIALLS THE READICALS WHO DONT LIKE AMERICANS BECAUSE THEY THINK THAT AMERICA IS MADE OF JEWS ONLY, AND THEY HATE JEWS AND SO FAR HAVE MANAGED TO FILTER THEIR HATRED INTO THE MINDS AND HEARTS OF MANY EUROPEANS, SOUTH AMERICANS, AND SADLY NOW YOU DEMOCRATS WHO ARE ONLY DEMOCRATS BY NAME AND NOT BY ACTION ARE JOINING THEM. GO AHEAD RUIN AMERICA WITH A TOTAL WASTED EFFORT. YOU WANT AMERICA TO BE LIKE EUROPE! GOOD FOR YOU. CONGRATULATIONS…GO AND LIVE IN EUROPE AT CITIZENS OF EUROPE AND YOU WILL SENSE THE FREEDOM OF AMERICA WHICH YOU TOOK FOR GRANTED. NOW I KNOW YOU ENJOY TO SEE BABIES KILLED AND YOU GET SOAR WHEN A NORMAL PERSON BECOMES DISABLED AND YOU LOVE TO RUIN THE CHURCH, JUST LIKE COMMUNISTS….. CHALLENGE ME….BUT WHEN YOU CHALLENGE GOD, WHEN YOU CHALLENGE THE FREEDOM THAT THIS COUNTRY WAS BUILT ON, YOU ARE ONLY BURING AMERICA AND YOU WITH IT. SO NOW DEMOCRATES, GET REAL..LET AMERICA SHOW THE WORLD THAT YOU ARE NOT FIGHTING BETWEEN YOURSELVES;DEMOCRATS AND REPUBLICANS. BUILD THIS COUNTRY UP. WHAT IS YOUR PROBLEM! OR PACK YOUR BAGS AND LEAVE IT.
February 23rd, 2007 at 3:53 pm
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