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To: neverdem
The President should immediately give a national speech in which he absolutely calls the Democrats on this threat. The speach should address the fact that recess appointments are specifically provided for in the Constitution, have been made by every modern president, are necessary because of the dim's refusal to provide consent as required by the Constitution, etc. As others have suggested, he could also tie this into judicial activism, the pledge case, the gay marriage issue, etc.

The dim's can either back down (in which case they look like fools), or follow through with their no votes on nominees threat. In the latter case, the Republican's should exercise the "nuclear option."

Frist can simply direct the Clerk of the Senate to schedule nominees before the full Senate for an up or down vote. He can do this on the grounds that, to the extent the Senate rules require a supermajority to pass the nominee to a full vote, they are in violation of the direct and specific constitutional requirement that the Senate provide affirmative advice and consent with respect to the President's judicial nominations.

The dim's could challenge Frist's ruling. But because this would be a challenge to the chair's interpretation of the rules, the issue would be resolved by a simple majority vote--in which the Republicans, if they stick together, could prevail.

Will it happen? I am not holding my breath.
17 posted on 03/26/2004 5:27:02 PM PST by TheConservator
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To: TheConservator
Bush should say out loud that he won't recess-appoint any judge who has been given an up-or-down vote in the Senate.

But that not allowing a vote will always lead to a recess appointment.

20 posted on 03/26/2004 5:39:18 PM PST by Principled
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To: TheConservator
Or Bush culd pledge to not use his constitutionally mandated power if the Dems pledge not to use a filibuster to block his nominations.
23 posted on 03/26/2004 6:13:16 PM PST by Bogey78O (I voted for this tagline... before I voted against it.)
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To: TheConservator
The dim's could challenge Frist's ruling. But because this would be a challenge to the chair's interpretation of the rules, the issue would be resolved by a simple majority vote--in which the Republicans, if they stick together, could prevail.

Yes, but there could come a time in a Democrat administration when a Republican supermajority is the only gate left on the highway to hell.

44 posted on 03/26/2004 8:25:30 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: TheConservator
if they stick together There's the rub. None of the Northeastern Republicans will stick with the party.
46 posted on 03/26/2004 9:37:49 PM PST by RobbyS (Latin nothing of atonment)
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