Or, Let's just skip the minority rights issue, shall we?
Published on December 3, 2004 By Solnac In Politics
"What the hell is he talking about?" Well, quite honestly, it seems Republicans want to stop filibusters that Democrats want to use to stop nominations of judges. What is a filibuster, you may ask? There's an old rule in the Senate that pretty much says you can talk forever on the floor of the Senate as long as you are standing on the floor and speaking, and do not give the rights of the floor to anyone else. It takes a 2/3rds majority to stop it in the Senate.

AP Story

This sounds like no big deal until you think about what kind of power the judicial branch has in oversight of the other two powers. Citing the constitutions of the federal government, a judge can declare something to be unconstitutional, pretty much vetoing by fiat, endorsement of anything from either of the other two branches of government. It's a heady power, and one to be taken responsibilty. Hence, Democrats are using their right to filibuster to stop what they view the more 'extreme' judges, using this right. Republicans want *that* stopped, and are trying to use any means to do so, threatening to drop a 'nuclear bomb', by having Cheney use his right as the President of the Senate to declare it unconstitutional to filibuster.

Again, we're talking about judges nominations, but if this ratifies in Senate, it could change the face of minority politics forever. Not just for the Republicans, but for Democrats too. In close races, people have to be mindful of the minority, and if you do too much to piss the minority off, they'll bog down your nominations or legislation for the next while. It's a nice check to the check and balances system, considering Republicans, while they are in majority, do not have even a 60% majority over each section of the legislature...or the country for that matter.

Republicans: 233 seats in the House/465 total= roughly 54%
55 seats in the Senate/100 total= 55%
Pouplar vote (Bush) in last election= 51%
Electorial Vote (Bush) 286/538= roughly 53%
Average of the Percentile= 53%

Democrats: 201 seats in House/465= roughly 43%
44 seats Senate/100= 44%
Pouplar vote (Kerry) in last election= 48%
Electorial Vote (Kerry) 252/538= roughly 47%
Average of the Percentile= 45%

Other (to help balance the data):
1 Independent in House/465= less than 1%
1 Independent in Senate/100= 1%
Pouplar vote (Nader, because he's the only other to recieve a signifanct part of the vote)= 1%
Electorial votes (Nader): None
Average of the Percentile= to be nice, roughly 1%.

(Numbers not 100% due to rounding)

Data: USAToday

Now, there are a large minority of interests to represent and protect here that don't have to be those of the majority. Letting the majority run roughshod when they don't represent 2/3rds of the pouplace is a foolish idea. The filibuster is the minority's check to protect their interests. If that makes things difficult, maybe that's the way it should be.
The wolf dragon talkatively, AWM
Sol "

Comments (Page 1)
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on Dec 03, 2004
Solnac, I don't think that Republicans will be able to change the filibuster rule. Here's why: Rule XXII by its terms provides that any motion to amend the Senate Rules requires the agreement of two thirds present and voting. If all 100 Senators are present, 67 votes would thus be needed. They won't have the 67 votes to change the filibuster rule because there are not enough Republican Senators to do so. Secondly, not all Republican Senators want to change the filibuster rule anyway (E.X. John McCain and some others are against it).
on Dec 03, 2004
The fact that they are even trying to change it speaks volumes to their states of mind and their far reaching intent. It's disgusting.
on Dec 03, 2004
"The fact that they are even trying to change it speaks volumes to their states of mind and their far reaching intent. It's disgusting."


Hmm, Disgusting.. Kind of like yammering endlessly to impede the ability of people of specific religious beliefs from being able to hold public office. Granted, all the little "Look at my big brain" bloggers are hopping on the "dangerous Christians" bandwagon. You always illuminate, dabe.

I have a feeling dabe would be all for this if Republicans were filibustering pro-abortion nominees. Religious bigotry is temporarily (hopefully) chic, though, so talking heads don't seem to mind people walking the gauntlet because of their faith. Whatever makes you look smart, i guess.



on Dec 03, 2004
Hmm, Disgusting..


You aren't going to find very many cases where I agree with BakerStreet. But this is one. The filibuster is perhaps the most idiotic of all parliamentary tactics employed in our Congress. And I'm against it whether my "party" is in charge or not.

The real way to get your point across is speak to voters. So Republicans speak to the majority of voters? Then let's stop the childish games. If the left has a political strategy that speaks to voters, then that will do the job without this garbage.
on Dec 03, 2004
*gasp*

o_0

...

no, really...

*gasp*

on Dec 03, 2004
Least take a deeper look into what is happening here. The dem's want to stop the appointment of rep judges right. . .yes. Now least look at it another way; the rep's did the same thing when the dem's attempted to place left leaning judges in office. What this is going to work up to is a thing called compromise. I pretty much figure most of you remember some of the great compromises that have taken place in our history, specially during the period that lead us into a war between the states.

Basically the dem's want some say into who is going to be put on a spcecific bench, hence, you use what tools are at your disposal. This is what makes our constitution work. So let see what happens over the next three to four months. Also remember nothing is going to happen until the new house and senate are inplace after the first of the year (2005)

Pam
on Dec 03, 2004
*laugh* Baker...are we going to have to be friends now? *laugh laugh laugh*
on Dec 04, 2004
The filibuster forces the majority to listen to and compromise with the minority. I think the filibuster is a good check on tyranny of the majority. Compromise is the lifeblood of our democratic republican form of govenment. If a minority filibuster forces the majority to compromise with the minority then it is a good thing regardless of which party is in the minority at any given time. I would make the same argument if Republicans were in the minority.
on Dec 04, 2004
I'm nicely surprised at the turnout of this article. Maybe I should write about Senate filibusters more often...

To your guys comments, if you care:

T-Bone: Probably won't, in answer to your first post, but it still concerns me a little. That was the point I was trying to make by writing the article in reference to your second.
dabe: Ehh, it's not that I find the Republican attempt disguisting so much as they want to ruin it for everyone, including themselves.
Baker/Myr: I think anything over 40% total is a huge minority, and when you deal with huge minorities, it makes kinda sense for there to be a way for the minority to protest and at least get heard, which is ideally what a filibuster is. Even if all you do is read the phone book.
Pam: That's pretty much the size of it. More to the point, they want to stop 10 nominations...out of 200. When someone protests to that extent to threaten a filibuster, it means that really and truly, those 10 candidates are probably pretty out there in the political spectrum side of things.
on Dec 04, 2004
I say "disgusting" because, as others pointed out here, this is a tactic that is intended to force compromise, and gives the minority party at least some modicum of a voice in Congress. Think about the alternative - no filibuster. We would have a government that is very close, if not an actual tyranny. I dunno about you guys, but trashing the Constitution to not necessarily create, but enable a tyranny scares the bejesus outta me.

MANDATE MY ASS
on Dec 04, 2004
Does removing the filibuster create a tyrannical government? Isn't that a very alarmist extreme theory?


Yes, Helix, it is extremist. But, we live in extremist times. I tried to point out that this wouldn't necessarily create a tyranny, but it can enable one to occur. Big difference. The fact that it can be enabled, and given that the presidency and Congress are governed by one party, if we do away with the filibuster, we will go down that slippery slope. It's a risk that I do not want to see happen.
on Dec 04, 2004
" The filibuster forces the majority to listen to and compromise with the minority."


Not in this case. In this case it imposes a discriminatory standard on people proposed for judges. Is this really a nation where people should fear to openly state their religious beliefs because they will be denied the chance to serve?

Goes to show how hypocritical some Liberals really are about civil rights. They are willing to commit religious discrimination to protect their own imposed moral standard. They simply do not want Abortion "rights" re-evaluated, and are using the silliest of means to ensure that it can't be.

You guys have to reject this view of absolute right and wrong. Legalized abortion isn't a constitutional edict, it is judicial interpretation. No judicial decision should be be written in stone like some commandment. If we weren't allowed to rethink moral standards Roe v. Wade wouldn't have had a chance in the first place. Any number of great wrongs, slavery among them, would be eternally sacrosanct if judges decisions were some Imperial edict...

Preventing persons of particular ideology from the bench is a heinous abuse of power, and needs to stop.
on Dec 04, 2004
“The Senate follows more elaborate rules when the chamber is divided over a bill. These procedures can sometimes slow the proceedings to a crawl. Senators cherish their right to be consulted on bills being considered, to offer amendments, and to speak at length on measures. The Senate rules that permit filibusters give members the power to obstruct legislation merely by threatening to use the procedure. A filibuster can only be stopped if 60 senators vote to invoke cloture, a rule that imposes time limits on further discussion of the issue at hand. Because of the flexible rules for debating, and thereby blocking, legislation, Senate leaders spend much of their time seeking compromises that will satisfy their colleagues and allow the chamber to act. The House of Representatives, in contrast, imposes much more restrictive time constraints on debates.”

Microsoft® Encarta® Reference Library 2003. © 1993-2002 Microsoft Corporation. All rights reserved.

Has you can see by reading the above senators within the senate have the right to vote to stop a filibuster. This not something that is intended to create tyranny, but to bring about faster movement of a bill or approval of a office/judge position.

This is not a dem’s vs rep’s thing. This is the “Constitution” at work. Remember that both sides have used the filibuster or threat of to gain a foot hold in the democratic process. If you study your country’s history you will find out that it has been used by both side in order to bring about a compromise on a specific issue.

By the way – this is what the founding fathers intended. This is what helps promote good political dialogue. And, as you can see by the comments being made by this article that is just what is happening.

Pam
on Dec 06, 2004
Preventing persons of particular ideology from the bench is a heinous abuse of power, and needs to stop.


Of course, ideally ideology shouldn't be of any concern on the bench. If some laws weren't so open to interpretation a judge wouldn't have to interpret them referencing his/her own background.

But as this is about filibustering I can only say it's one of the strangest forms of politics to me; from what it looks like and from what I can think of, in a two {*1} party system it may well be one of the few ways a minority can influence government. In a system that needs several parties combined to create a majority you'll most likely nog need it because 'hot' topics will most likely already have been debated within the majority. Added to that there's a bigger chance for the opposition to persuade one of the majority factors over to their side.

In short: for the american situation I think it's a good health check - as well as pretty annoying for those being filibustered

*1 (or three, four - at least where a single party can be the majority)
on Dec 06, 2004
There is another way for a minority to keep some power (and to prevent tyranny) and that is simplily the fact that every politician (besides Justices) have to worry about reelection. If they go too far right they will pay for it in their reelection bid and alas the country will swing back to the left again (and we will begin to see liberal antiabortion activists take roles in the supreme court.) Thats how it should be in politics and the minority shouldnt have the right to impede on the majority will. (Not to mention if we ever went to total tyranny the people would revolt and the Government would have no way of stopping them.)
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