The filibuster has been around since, what, the early 1800's, I guess yup.. your statement confuses me..
And...back then,. ..you know, all the way back aught05 - scads of Senators and close to everybody on the pubbie and con side called it unconstitutional to have anything BUT a simple majority vote.
Here. let this help:
1. Mitch McConnell (KY)
“Any President’s judicial nominees should receive careful consideration. But
after that debate, they deserve a simple up-or-down vote” (5/19/05).
“Let's get back to the way the Senate operated for over 200 years, up or down votes on the president's nominee,
no matter who the president is, no matter who's in control of the Senate” (5/22/05).
2. John Cornyn (TX)
“[F]ilibusters of judicial nominations are
uniquely offensive to our nation’s constitutional design” (6/4/03).
“[M]embers of this distinguished body have long and consistently obeyed an unwritten rule not to block the confirmation of judicial nominees by filibuster. But, this Senate tradition, this unwritten rule has now been broken and
it is crucial that we find a way to ensure the rule won’t be broken in the future” (6/5/03).
3. Lamar Alexander (TN)
“If there is a Democratic President and I am in this body, and if he nominates a judge,
I will never vote to deny a vote on that judge” (3/11/03).
“I would never filibuster any President's judicial nominee.
Period” (6/9/05).
4. John McCain (AZ)
“I’ve always believed that [judicial nominees deserve yes-or-no votes]. There has to be extraordinary circumstances to vote against them.
Elections have consequences” (6/18/13).
5. Chuck Grassley (IA)
“It would be a real constitutional crisis if we up the confirmation of judges from 51 to 60” (2/11/03).
“[W]e
can’t find anywhere in the Constitution that says a supermajority is needed for confirmation” (5/8/05).
6. Saxby Chambliss (GA)
“I believe [filibustering judicial nominees] is
in violation of the Constitution” (4/13/05).
7. Lindsey Graham (SC)
“I think filibustering judges will destroy the judiciary over time.
I think it’s unconstitutional” (5/23/05).
8. Johnny Isakson (GA):
“
I will vote to support a vote, up or down, on every nominee. Understanding that, were I in the minority party and the issues reversed, I would take exactly the same position because this document, our Constitution, does not equivocate” (5/19/05).
9. James Inhofe (OK)
“This
outrageous grab for power by the Senate minority is wrong and contrary to our oath to support and defend the Constitution” (3/11/03).
10. Mike Crapo (ID)
“[T]he Constitution requires the Senate to hold
up-or-down votes on all nominees” (5/25/05).
11 . Richard Shelby (AL)
“Why not allow the President to do his job of selecting judicial nominees and let us do our job in confirming or denying them? Principles of fairness call for it and
the Constitution requires it” (11/12/03).
12. Orrin Hatch (UT)*
Filibustering judicial nominees is “
unfair, dangerous, partisan, and unconstitutional” (1/12/05).
Twelve Republicans Who Broke Their Pledge To Oppose Judicial Filibusters