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Originally Posted by stevo
destroy checks and balances? oh boy. The way OUR constitution is written a federal judge needs 51 votes to be confirmed. Perhaps checks and balances are being "destroyed" by the filibustering that keeps the judges from getting a fair vote in the senate? No? oh yeah its the evil republicans destroying checks and balances, not the fair-minded democrats that don't even want to let the vote happen. I'd like someone to show me where in the constitution it says if the minority party wants to keep judicial nominees from becoming federal judges they can demand that 60 votes be required. I'm sorry to say this, but the US Constitution trumps the senate rules every day of the week.
Say what you want about what the republicans have done in the past. It still doesn't change the fact that the US Constitution requires only 51 votes to confirm a federal judge.
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Personally, I didn't use the term "US constitution", because I wasn't talking about the US constitution.
Checks and balances on the power of government exist outside of the US constitution. Amoung the many checks and balances on government power are the traditions and rules of the Senate.
These range from killing bills in committee, to filibusters, to all the other things that have allowed minority members of the Senate to matter.
A non-trivial number of Clinton appointments where blocked in the Senate.
Roughly the same number of Bush appointments where blocked in the Senate.
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Originally Posted by Mojo_PeiPei
Seems to me the nuclear option is a rule that is also held by the senate, so why is it not a viable option? I mean sure the dems are well within their rights to filibuster judges that they know would otherwise get nominated, but then it would seem legit that the republicans are within their rights to do what they need to do.
Also why are so many people here under the impression that the will of the majority is some how negated by that of the minority? Instead of oppression by the many, you have it by the few? I think not.
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Yes, going nuclear is an option.
If you would strike down every law until you could get at the Devil, where would you hide from the cold winds that would blow then?
If the goal of the GOP is to rule America forever and ever more, striking down laws is a good plan. Otherwise, the cold wind will blow one day. That is John Mcain's point.
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Originally Posted by stevo
I hope they get the 60 votes and change the rules because there is no way there are ever going to be 60 democrats in the senate at the same time, ever.
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And here we have it. If you plan to never lose control of government, through whatever means you believe just and/or useful, removing shackles on the power of government is a plan that looks good.