The Nuclear Option Defused...For Now.

Discussion in 'Current Events' started by Bullypulpit, May 24, 2005.

  1. Bullypulpit
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    Bullypulpit Senior Member

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    <center><h1><font color=CC0000>Nuclear option defused...for now.</font></h1></center>

    Last night, common sense prevailed, and Senate moderates including Senators Byrd, DeWine, Nelson, Lincoln, Landrieu, Lieberman, Salazar, Inouye, Warner, McCain, Snowe, Collins, Graham and Chafee, reached a compromise ont the issue of judiciak filibusters. Like all compromises, it is not perfect, and fails to satisfy the extreme elements on both sides of the argument. But the power to filibuster judicial nominees remains.

    Unfortunately, as part of this compromise, Priscilla Owen, Janice Rogers Brown and William Pryor some of the most extreme right-wing of Dubbyuh's picks will be voted on.

    James Dobson, of <i>Focus On the Family</i>, immediately put in his two-cents worth, claiming that,

    <blockquote><a href=http://releases.usnewswire.com/GetRelease.asp?id=47847>This Senate agreement represents a complete bailout and betrayal by a cabal of Republicans and a great victory for united Democrats. Only three of President BushÂ’s nominees will be given the courtesy of an up-or-down vote, and it's business as usual for all the rest. The rules that blocked conservative nominees remain in effect, and nothing of significance has changed.</a></blockquote>

    A "...complete bailout and betrayal..." by <i><b>moderate</b></i> Republicans. He further goes on to decry the judicial filibuster as "unconstitutional". How can anyone take seriously the man who 'outed' Sponge Bob Squarepants?

    While not mentioned specifically in the Constitution, the <a href=http://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm>filibuster</a> has been used since 1841, with the only significant change to Senate rules on the matter coming in 1917, when the cloture rule was put into place. Since then, it has remained a powerful tool for minorities, on both sides of the Senate aisle, to further debate on a given issue or nomination, protecting the minority from the tyranny of the majority.

    More significantly though, is that moderate Republicans were willing to sidestep the Republican leadership in Congress that was pushing for the "nuclear option", especially Bill Frist. It was Frist, after all, who went contrary to the Administrations's desire to have John Bolton's nominaation brought to the floor before the judicial nominations. In doing so, he hoped to cement the support of religious far right-wing for a run for the White House in 2008. Now, however, he's been rolled and how much politcal capital he he has left with that raucus and fickle minority remains to be seen.

    This can be seen as the first step in a return to common-sense and sanity in the Senate. Or, as I fear it will be, it can be seen as the first volley in a battle leading to further extremism and polarization in the halls of Congress.
     
  2. dilloduck
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    dilloduck Diamond Member

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    Absolutely nothing of any import occurred here other than the legistlative branch caving to the judicial branch AGAIN. For now the judicial branch will continue to call the shots and be more influencial regarding the law and social policy than people that are elected by the people.
     
  3. Bullypulpit
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    Bullypulpit Senior Member

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    As long as the judiciary remains independent and serves as a check to the unbridled exercise of power by the Executive and Legislative branches, all will be well.
     
  4. ThomasPaine
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    ThomasPaine Active Member

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    realize their error. The judiciary MUST be reigned in and quickly. As Thomas Jefferson said "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control".

    It is way past time for the Judicial branch to be brought under control. However as it is the last bastion of liberal influence in our government, due to the fact that they have lost election after election after election, both on the federal and state level, it is with a certain desperate, almost maniacal, effort that the Democrats thwart the will of the people. Here's hoping the next election sweeps even more of them to the ash heap of history and the Rule of the Judiciary will end.
     
  5. archangel
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    I remember running for the office of "Justice of the Peace" in my small county a few years ago...We were not allowed to list our party affiliation or beliefs...I never really understood the concept of why one cannot be upfront and honest when running for office...we all bring our baggage into the campaign either covert or non covert..I remember in a debate when the oppostion accused me of being open and honest on my opinions..all I could respond to was "and you think by not being open and honest" you are the better person...well as "the world turns" this person won the election...so be it known honesty and openess are not compatible with politics...a lesson I learned well...and will not run for office again....unless the criteria is changed!

    :teeth:
     
  6. 5stringJeff
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    5stringJeff Senior Member

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    The judiciary remains checked upon by the legistative and executive branches, as per the Constitution. The executive's check is to appoint judges. The legislative branch's check is twofold: consent to the President's appointments (or deny them), and define the jurisdiction of the inferior courts.

    The judiciary is not the highest power in the government. They are not infallible, nor are they meant to be all-powerful.
     
  7. Nienna
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    Nienna Senior Member

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    Um, Dr. Dobson didn't "out" SpongeBob. The MSM took care of that.
     
  8. Avatar4321
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    Avatar4321 Diamond Member Gold Supporting Member

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    if anyone thinks the nuclear option is diffused think again. The Democrats will violate the "compromise" by the end of the week
     
  9. SmarterThanYou
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    the judiciary is not out of control. the 'activist' label is only applied because you disagree with their decisions, which are still based wholly in law or precedent.
     
  10. archangel
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    Everyone brings their baggage into office...no one is exempt..just because one says they are fair and balanced when running for or being appointed does not guarantee a fair and balanced decision per se....ones beliefs decide the outcome of a decision...to say it does not...well you are living in a fairy tale world...to say the least! :scratch:
     

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