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Filibuster Myth-Busters
The Washington Times ^ | April 15, 2005 | Wendy E. Long

Posted on 04/15/2005 7:18:12 AM PDT by Choose Ye This Day

Myth No. 1:Filibuster of judges is a sacred tradition.

Fact: The filibuster is nowhere in the Constitution. It is not among the "checks and balances" our Founding Fathers created. It did not even exist until the 1830s, and the "tradition" involves legislation, not judicial appointments. The filibuster was used to defend slavery and oppose the Civil Rights Act — hardly noble purposes. The current obstruction of judges is no "traditional" filibuster: it is the first time in more than 200 years that either party has filibustered to keep judges with majority support off the federal bench.

Myth No. 2: Mr. Bush's nominees are being treated no differently than other presidents' nominees.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: constitutionaloption; filibuster; judges; nuclearoption; senate; ussenate
As heard on Laura Ingraham's show.
1 posted on 04/15/2005 7:18:12 AM PDT by Choose Ye This Day
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To: Choose Ye This Day

2 posted on 04/15/2005 7:20:11 AM PDT by Excuse_My_Bellicosity (Proud infidel since 1970.)
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To: Choose Ye This Day

Thanks. I bookmarked for later use


3 posted on 04/15/2005 7:20:28 AM PDT by Republican Red (DU: ''Reality sucks. That's the problem. We want another reality.'')
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To: Choose Ye This Day
Great read!

Thanks

4 posted on 04/15/2005 7:24:03 AM PDT by G.Mason (If you are broken ... it is because you are brittle.)
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To: Excuse_My_Bellicosity

Pretty good show. I'd like to shave Beret Boy's handlebar mustache and goatee, though.


5 posted on 04/15/2005 7:29:31 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: RhoTheta

Ping


6 posted on 04/15/2005 7:30:04 AM PDT by Egon (Liberals: The only group of people they don't want to kill are those that kill others.)
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To: Choose Ye This Day
I hadn't heard about this poll:

a recent Ayres McHenry nationwide survey reveals that 82 percent of registered voters believe well-qualified nominees deserve a Senate vote. That includes 85 percent of Republicans, 81 percent of Democrats, and 81 percent of Independents.

7 posted on 04/15/2005 7:32:20 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: Choose Ye This Day
An important distinction:

Liberals also argue that Abe Fortas was not confirmed as Chief Justice in 1968. But Mr. Fortas was opposed by a Senate majority (both Republicans and Democrats), and President Johnson withdrew the nomination. Today, a Senate majority supports the nominees, and the president is not withdrawing them.

8 posted on 04/15/2005 7:34:09 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: Choose Ye This Day

Good find.. thanks for posting...


9 posted on 04/15/2005 7:34:14 AM PDT by tje
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To: Choose Ye This Day
This is the crux of it all:

A liberal minority needs federal judges to advance their agenda — allowing child pornography as free speech, mandating same-sex marriage, removing "under God" from the Pledge of Allegiance, banning school prayer and preventing the death penalty for murderers and terrorists — because they can't win these issues at the ballot box.

10 posted on 04/15/2005 7:36:04 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: Choose Ye This Day
Freepers are all over this issue like white on rice. That includes me, as one of the speakers at the FR-sponsored March for Justice II, Thursday a week ago in Washington. After that rally, I spoke to and gave copies of this speech to the staff experts on this subject in the offices of Senators Burr, Dole and McCain.

As press reports already posted on FR demonstrate, my efforts with McCain's office were a failure. The other two Senators (both from North Carolina) are solid on this issue.

Please click below, read this speech, and consider whether further circulation of this document might assist the cause. If so, please get in touch with me personally as quickly as possible. I hope to go to press as early as Monday for thousands of copies of this.

Congressman Billybob

Latest column, "Billybob's Speech for FR's March for Justice II"

11 posted on 04/15/2005 7:39:22 AM PDT by Congressman Billybob (Proud to be a FORMER member of the Bar of the US Supreme Court since July, 2004.)
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To: Choose Ye This Day

I saw Wendy Long on Scarborough last night. Buchanan was subbing for Joe. She's great! Really represents our side well.


12 posted on 04/15/2005 7:42:54 AM PDT by BufordP ("I wish we lived in the day when you could challenge a person to a duel!"--Zell Miller)
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To: whoever

Also heard this report on Laura Ingraham's radio show. FReegards....


13 posted on 04/15/2005 7:43:00 AM PDT by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Choose Ye This Day
Yep, I like it. It's cool to see them blow up things, run them over with cars, and electrocute mannequins.

As far as the subject of this thread, I like Laura's take on it. Funny how the tactic of the filibuster has been elevated to some sort of noble cause.

14 posted on 04/15/2005 7:43:51 AM PDT by Excuse_My_Bellicosity (Proud infidel since 1970.)
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To: Choose Ye This Day
The filibuster was used to defend slavery and oppose the Civil Rights Act — hardly noble purposes.

There is a 1000 pound sound bite. I would add:

The filibuster was used by Democrats to defend slavery and oppose the Civil Rights Act — hardly noble purposes.

15 posted on 04/15/2005 7:44:42 AM PDT by IamConservative (To worry is to misuse your imagination.)
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To: IamConservative

Good addition.


16 posted on 04/15/2005 7:47:27 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: Excuse_My_Bellicosity

Just to clarify: Wendy Long wrote the article. Laura Ingraham mentioned it and read the article on her radio show today. I may not have made that clear.


17 posted on 04/15/2005 7:48:23 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: Choose Ye This Day

Gotcha, thanks for the tip!


18 posted on 04/15/2005 7:50:16 AM PDT by Excuse_My_Bellicosity (Proud infidel since 1970.)
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To: Choose Ye This Day
The recent Ayres survey shows 67 percent of voters agree that "we should take politics out of the courts and out of the confirmation process." A full 61 percent of Democrats agree with this statement, as well as 73 percent of Independents and 69 percent of Republicans.

The one sure way to get politics out of the confirmation process is to get the federal judiciary out of the political process. Right now the federal judiciary is the prime agent of political change in this country. Most of the major policy shifts over the last 30 years have been the direct result of court decisions, not legislation. If the Federal Bench is where the action is in terms of policy making, then it is only natural that politics is going to play a central role in the confirmation of judges to the Federal Bench.

The role of changing the law has to be returned to the Legislative Branch. There the parties can merrily duke it out quite properly in the political sphere.

19 posted on 04/15/2005 7:51:58 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES)
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To: Choose Ye This Day


These obstructionists need to be reeled in. Pass a law that fines them 10,000 a day for filibustering, or some simular penalty for obstructing the workings of government.


20 posted on 04/15/2005 7:52:33 AM PDT by Nathan Zachary
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To: Choose Ye This Day

bump for later


21 posted on 04/15/2005 7:54:17 AM PDT by RightWingMama
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To: Choose Ye This Day
From the article:

The American people want senators to do the job our tax dollars pay them to do. Senators who fail to do their jobs - either by failing to show up for their committee meetings, by voting against restoring the Senate tradition of up-or-down votes for judges, or by halting the work of the federal government - might find themselves out of work when they really need the consent of the governed: at their next election.

Wouldn't that be nice? Won't happen though. There are way too many RAT-bots who vote straight RAT no matter who is running.

22 posted on 04/15/2005 8:07:56 AM PDT by upchuck ("If our nation be destroyed, it would be from the judiciary." ~ Thomas Jefferson)
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To: Choose Ye This Day

bookmark


23 posted on 04/15/2005 8:16:05 AM PDT by chaosagent (It's all right to be crazy. Just don't let it drive you nuts.)
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To: Choose Ye This Day

mega bump; the 200 years thing I wanted to know...


24 posted on 04/15/2005 8:24:46 AM PDT by gobucks
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To: Choose Ye This Day
The American people want senators to do the job our tax dollars pay them to do. Senators who fail to do their jobs — either by failing to show up for their committee meetings, by voting against restoring the Senate tradition of up-or-down votes for judges, or by halting the work of the federal government — might find themselves out of work when they really need the consent of the governed: at their next election.

Might??

Will.


25 posted on 04/15/2005 8:45:48 AM PDT by JesseJane (Senate Republicans = Fainting Goats.... BOO!)
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To: Choose Ye This Day; Mo1; Howlin; Peach; BeforeISleep; kimmie7; 4integrity; BigSkyFreeper; ...

PING!!


26 posted on 04/15/2005 8:47:11 AM PDT by OXENinFLA
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To: Congressman Billybob
I would recommend adding a specific list (list the one above, if not a copy of it) be added to your earlier words.

A question-and-answer format, or a short list that exposes the specific "lies" the liberals are endlessly repeating, adds to the more elaborate, more reasoned justifications and explanations you've got.

Figure the typical "media" person has a 5 sec period they will let a conservative speak without interrupting. Hence, the liberals use focus groups extensively to figure out WHAT their targeted suckers (er, voters) WANT to hear that will reinforce WHAT the targeted suckers already believe.

Then, with their scripts held tightly in their hand, the liberal spin begins flooding the "news media" 20-28 hours AFTER a story breaks with the scripted, highly effective 5 second sound bites and prejudiced labels that the media promotes. (Er, "reports objectively and in an unbiased way".)

Same thing could be applied to print releases: In print, but much less so than in TV or radio, a list is easier to focus somebody's attention on the lies the liberal will say next.

27 posted on 04/15/2005 8:58:42 AM PDT by Robert A. Cook, PE (I can only donate monthly, but Hillary's ABBCNNBCBS continue to lie every day!)
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To: Choose Ye This Day

Very nice. Saved it.


28 posted on 04/15/2005 9:43:42 AM PDT by Bahbah (Something wicked this way comes)
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To: Choose Ye This Day

WCBS just reported that the filibuster has been used to approve judges for over 200 years! Will they stop at nothing?


29 posted on 04/15/2005 11:05:15 AM PDT by bertmerc1
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To: Choose Ye This Day

BTTT


30 posted on 04/15/2005 11:16:27 AM PDT by hattend (Liberals! Beware the Perfect Rovian Storm [All Hail the Evil War Monkey King, Chimpus Khan!])
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To: bertmerc1

That's why I am leery of calling the Democrats' bluff and saying, "Fine! Go ahead and filibuster!" Their willing accomplices in the MSM will paint them as patriotic Mr. Smiths.


31 posted on 04/15/2005 11:19:34 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: gobucks

Also good to know--the ONLY things that REQUIRE a Super-Majority:

1. Convicting an Impeachment (2/3 majority in the Senate - Article 1, Section 3)

2. Expulsion of a member of one house of Congress (2/3 vote of the house in question - Article 1, Section 5)

3. Override a Presidential Veto (2/3 majority in both the House and the Senate - Article 1, Section 7)

4. Ratify a treaty (2/3 majority in the Senate - Article 2, Section 2)

5. Passing of a Constitutional Amendment by Congress (2/3 majority in both the House and the Senate - Article 5)

6. Calling for a Constitutional Convention (2/3 of the state legislatures - Article 5)

7. Ratifying a Constitutional Amendment (3/4 of the states - Article 5)

8. Restore the ability of certain rebels to serve in the government (2/3 majority in both the House and the Senate - 14th Amendment)

9. Approval or removal of the President from his position after the Vice President and the Cabinet approve such removal and after the President contests the removal (2/3 majority in both the House and the Senate 25th Amendment)

Confirming Judicial Appointees? Not on the list.


32 posted on 04/15/2005 11:28:53 AM PDT by Choose Ye This Day (Senate switchboard: 202-225-3121. Reach out and complain to someone.)
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To: Choose Ye This Day
"But Mr. Fortas was opposed by a Senate majority (both Republicans and Democrats)"

Technically, he wasn't actually opposed by a majority: he wasn't supported by a majority.

The cloture vote on Abe Fortas's nomination to be Chief Justice on 10/1/68 failed on a vote of 45-43. The 43 votes for the filibuster included 24 Republicans and 19 Democrats.

12 Senators were not present, and neither side had a majority (= 50+).

33 posted on 04/15/2005 1:54:29 PM PDT by mrsmith
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To: AnOldCowhand

Ping for later


34 posted on 04/15/2005 2:34:11 PM PDT by AnOldCowhand (The west is dead. You may lose a sweetheart, but you will never forget her - Charles Russell)
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To: Choose Ye This Day

mark


35 posted on 04/16/2005 6:04:32 AM PDT by bitt ("There are troubling signs Bush doesn't care about winning a third term." (JH2))
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