Wednesday, March 02, 2005

Only Democrats have used Nukes

Rhetoric in the Senate lately seems to be over the top. Take for instance referring to rules changes to require an up or down vote on the president’s judicial nominations as the “Nuclear Option”. That’s absurd. According to the Constitution, it is absolutely within the rights of each house to determine its own procedural rules.

Art 1. Sec 5. 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.

Further, there is absolutely nothing in the U.S. Constitution requiring 60 votes for confirmation of presidential judicial nominations. Every incident requiring a House or Senate majority greater than a simple majority is specifically spelled out in the Constitution and its Amendments and include such things as:
- impeachment
- over-riding a veto
- amending the Constitution
- 25th Amendment if the president is “unable” to perform his duties
- a quorums of 2/3rds for conducting certain business
- Approving treaties
Outside the requirement of a 2/3rds quorum, which by the way makes my point about the Constitution spelling out specifically every instance where a simple majority won’t do, there is absolutely nothing in there requiring anything more than 51 votes for “Advice and Consent” of the Senate with regard to judicial nominations. See for yourself:

Art 2 Sec 2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

So why is the Senate making its own rules according to the Constitution with regard to judicial nominations also in accordance with the Constitution being referred to as the “Nuclear Option”? Only so that the MSM and Democrats can make the Republicans appear to be unreasonable. Oh MY GOD! The Republicans are going NUCLEAR! They’ll destroy the world! Never mind that only Democrats have used nuclear weapons and brought the world to the brink of nuclear war – Truman and JFK.

I’m all for the Republicans returning the rules of the Senate to reflect more what the framers envisioned. However, if Democrats want a filibuster rule on judicial nominations, make ‘em filibuster – the old fashion way. Before changing the rules, the Republicans ought to make the Democrats take to the floor and talk for two weeks straight, day and night, without stopping. Only after getting enough footage of Democrat obstructionism for the mid-term elections should the Republicans seek to change the rules. I doubt with that threat out there, the rules change would even be necessary.

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