Powerline Blogs Filibuster Busting!
The guys at Powerline Blog talk about the controversy over the filibuster. In particular they analyze comments by Jonathan Turley.
The filibuster has been a subject of contention of late, I need not go into that (if you are a regular reader of this blog you are most likely keep up on politics and know about it).
There is one argument the filibuster is unconstitutional and therefore needs to be gotten rid of. Others try to imply the removal of the filibuster would be unconstitutional or anathema to our way of government. Both cases are incorrect.
The filibuster is a procedural maneuver that arises from the rules of the senate. It falls within Article I, Section 5, Clause 2 of the US Constitution
So the senate if it chooses may alter its rules to block the filibuster when confirming judges. Should it is another question.
My answer is no it should not. What the senate leadership should do is to force a real filibuster! Make Senator Byrd stand up and speak for twenty hours in one go, make Senator Kennedy speak for 18 hours at a shot. As soon as they are unable to carry on, you have the vote.
I do not mind the alteration of senatorial rules to block the filibuster of judicial nominations but I think it a touch of an extreme measure. That said, it wouldn't be the worst thing (the worst thing would be the continued denial of judicial confirmations) Senator Reid said they would shut down Senate business in case their filibuster is brought to an end by a change in the rules.
In the words of Dirty Harry: Go ahead punk, make my day.
The filibuster has been a subject of contention of late, I need not go into that (if you are a regular reader of this blog you are most likely keep up on politics and know about it).
There is one argument the filibuster is unconstitutional and therefore needs to be gotten rid of. Others try to imply the removal of the filibuster would be unconstitutional or anathema to our way of government. Both cases are incorrect.
The filibuster is a procedural maneuver that arises from the rules of the senate. It falls within Article I, Section 5, Clause 2 of the US Constitution
Clause 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
So the senate if it chooses may alter its rules to block the filibuster when confirming judges. Should it is another question.
My answer is no it should not. What the senate leadership should do is to force a real filibuster! Make Senator Byrd stand up and speak for twenty hours in one go, make Senator Kennedy speak for 18 hours at a shot. As soon as they are unable to carry on, you have the vote.
I do not mind the alteration of senatorial rules to block the filibuster of judicial nominations but I think it a touch of an extreme measure. That said, it wouldn't be the worst thing (the worst thing would be the continued denial of judicial confirmations) Senator Reid said they would shut down Senate business in case their filibuster is brought to an end by a change in the rules.
In the words of Dirty Harry: Go ahead punk, make my day.
posted by Marcus Aurelius at 7:42 AM
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