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A better option on judges: Bring on a real filibuster
The Hill News ^ | 4/27/2005 | Dick Morris

Posted on 04/27/2005 8:37:54 AM PDT by Paloma_55

The Republican leaders in the Senate do not have to make the false choice between endless toleration of Democratic filibusters that enfeeble their majority and the so-called “nuclear option” — a ruling that filibusters of judicial nominations are unconstitutional — which will set off partisan wrangling for the balance of the Bush tenure.

It is absurd to try to tell the American people why filibusters of judicial nominations violate the Constitution while those of presidential nonjudicial appointments and of regular legislation do not. The American people are going to see the denial of the right of unlimited debate as the equivalent of FDR’s court-packing plan, which doomed the second term of his presidency to utter failure (he had a pretty good third term, winning the war).

The better way to proceed is to make the filibuster radioactive politically by letting the Democrats talk themselves to death. Give them enough rope and they will hang themselves by their vocal cords.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: cluelessdick; control; fear; fillibuster; majority; republican; waffling
The better way to proceed is to make the filibuster radioactive politically by letting the Democrats talk themselves to death. Give them enough rope and they will hang themselves by their vocal cords.

While I have some disdain for Dick Morris, he not only nails it well on this article, but his use of this metaphor is truly brilliant.
1 posted on 04/27/2005 8:37:58 AM PDT by Paloma_55
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To: Paloma_55

I have to agree with you completely. As was said on another thread, "The GOP needs to find its spine".


2 posted on 04/27/2005 8:45:59 AM PDT by HOYA97 (Hoya Saxa = What Rocks)
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To: Paloma_55

This is absolutely freaking brilliant, right down to the choice of Pickering as the test case. He is already on the bench by a recess appointment, and so far he has not overturned the Constitution or reinstituted slavery in Mississippi. The democrats will look totally ridiculous for effectively shutting down the legislative branch over his appointment. The Senate rules that DO need to be changed are those that allow the "virtual filibuster." There hasn't been a real filibuster since C-SPAN hit the airwaves. Force the minority to actually debate the bill or nomination for hours while other pressing issues are ignored. If the bill or nomination is important enough, the people will support the filibuster. If it isn't, they won't.


3 posted on 04/27/2005 8:46:14 AM PDT by Dems_R_Losers (Barbara Boxer is deeply saddened......)
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To: Paloma_55
This will never happen again. The old geezers that are tenured for life by their political machines, of both parties, could not survive a real filibuster where they would have to either speak or pay attention for period of time. Plus the people would get to truly see what goes through their minds as they babbled on and on.
4 posted on 04/27/2005 8:47:53 AM PDT by fella
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To: Paloma_55

A real filibuster would be difficult to do thanks to Senate rules, calendar days etc.

Change all that, and it could work.


5 posted on 04/27/2005 8:51:17 AM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: Paloma_55

Morris is right on the money. The problem is that none of the Senators R or D will accept having to work longer hours.


6 posted on 04/27/2005 8:52:36 AM PDT by Rodney King (No, we can't all just get along.)
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To: Paloma_55

This is the sort of tacticle approach the Republicans should use. Make 'em have a real filibuster. The gentlemens' agreement to pretend there is a filibuster with out requiring the minority to actually talk continuously is a key cause of the problem.

Since the loss of only a couple of percent of minority voters would crush Democrat candidates chances of winning office. The Dems are terrified of publically having to speak out in opposition of minority nominees.


7 posted on 04/27/2005 8:53:31 AM PDT by Nutmeg08
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To: Paloma_55

It takes 51 votes to get rid of the filibuster, just do it. Then we can get our conservative judges appointed. Stop trying to take the gutless way out. We have the votes, use them. This should be old news by now.


8 posted on 04/27/2005 8:53:59 AM PDT by TomasUSMC
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To: Paloma_55
Exactly! Not only will the people get tired of the endless rambling....so will the filibusterees!

I think the filibuster has its appropriate place but it also needs to be done correctly.

I remember as a kid, my brother and I like to chase each other around a hallway in our house. Our parents were always getting on to us. One day, caught in the act, Dad MADE us do laps around that same hallway. When we'd slow down, he'd say..."Keep running!" It got old and wasn't fun anymore. LOL

9 posted on 04/27/2005 8:54:15 AM PDT by TNdandelion
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To: Paloma_55
hile I have some disdain for Dick Morris, he not only nails it well on this article,

Really?..And do you think that for a moment, the coverage of said filibuster outside of this FOrum and Fox News would be anything short of messianic.

ABCCBSNBCCNNPMSNBCNYTimesWaPo, would portray the dissenting Democrats in such a glorious light that it would like they were fighting the Civil Rights battles all over agin, of course it would also fail to mention that the Dems were against Civil Rights in the first place.

Hypocrisy only chokes SOME republicans, but to Democrats its an appetizer that surpasses Caviar in its elegance.

Robert Byrd thundering on about Civil Rights and the Republicans rolling them back...24/7, Wall to Wall coverage.

Picture that.

10 posted on 04/27/2005 8:56:33 AM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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To: TNdandelion

Excellent application.


11 posted on 04/27/2005 8:58:35 AM PDT by Kay
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To: Paloma_55

Rush made the same suggestion several years ago. I don't know if he's made it lately.


12 posted on 04/27/2005 8:59:43 AM PDT by TAdams8591 (Evil succeeds when good men don't do enough!!!!)
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To: Paloma_55
The problem with Morris' approach is that its much tougher on the majority than the minority because you have to keep a quorum within 15 minutes reach at all time.

I see no need to force a 24/7 filibuster. Just require them to tie up the Senate during normal business hours. Let the filibustering Senators go home, get a good nights' sleep, and restart in the morning.

The thing that kills a filibuster is the political cost of bringing Congress to a screeching halt. We can just as easily get that if the Dems drone on for 10 hours a day than if they do it for 24.

13 posted on 04/27/2005 9:02:41 AM PDT by XJarhead
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To: TNdandelion
My dad had a similar approach with my sister and I.....one day he'd had enough
of our bickering, and told us to go in the walk-in closet
off the den, until we could work out our differences.
Of course, all we could do, once inside, was laugh. ;)
14 posted on 04/27/2005 9:04:53 AM PDT by MamaLucci (Mutually assured destruction STILL keeps the Clinton administration criminals out of jail.)
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To: Paloma_55

Bingo, Dick, bingo.


15 posted on 04/27/2005 9:13:46 AM PDT by trubluolyguy ("Sure dolphins are friendly and smart, friendly and smart on rye bread with mayo")
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To: Paloma_55
This is want a bunch of us have said from the beginning.

If the democRATs want a filibuster, let 'em! The senate president can and should enforce attendance of the entire senate while it is going on, too. Can you imagine how ugly ol' Kennedy and dingy Harry Reid will look after a couple of days without sleep?

Plenty good for 'em!

16 posted on 04/27/2005 9:15:05 AM PDT by nightdriver
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To: XJarhead

Yeah, I understand that this is harder on the Majority than Minority but so what. There is more mileage as I see it from my perch in a red state with 2 Dems (Lincoln & Pryor). It just seems to me that the Republicans could do something to get more mileage out of the Democrats religious profiling.


17 posted on 04/27/2005 9:15:15 AM PDT by Gadfly-At-Large ("Flattery corrupts the giver and the receiver"- Edmund Burke)
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To: rwfromkansas

And unless I am mistaken, the problem would be for us: i.e., we'd have to keep at least 51 senators ON the floor at all times and they'd only have to have one there doing the talking for them.

Am I wrong about that?


18 posted on 04/27/2005 9:18:03 AM PDT by Howlin (North Carolina, where beer kegs are registered and illegal aliens run free.)
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To: Paloma_55
Dick Morris has no more interest in this country than the
Clinton's did when they sold this country down the drain.
The Clinton's and their Communist party (Demorats) and that
goes for Morris as well, belong behind bars for live or the
death penalty, TREASON. Morris was very much a part of the
selling out of America. They set the course for 9/11 and
their hijackers carried it out. The Clintons and the Dick Morris's steered the planes while the hijackers drove it.
Morris and they rest of the Communist group all yelled loud and clear day after day after day about Linda Tripp,
"she wants to right a book" Leading Americans to think it
was Tripp that wanted a bood deal, the fact is the so call
(Left,Liberals)the communist group want book deals and they
ALL wrote books. Morris could have exposed the Clintons and
they rest of his communist party for Treason and many other
crimes but instead he is portrayed as a do gooder now.
OUR TAX DOLLARS WENT TO INDEPENDENT COUNSELS THAT STABBED
US IN THE BACK. THERE WOULD BE NO NEED FOR THE MISS USE OF
BILLIONS OF TAX DOLLARS AND PHONY INDEPANDENT COUNSEL IF
MORRIS AND HIS COMMUNIST GROUP WOULD HAVE DONE THE RIGH THING AND EXPOSED THE CRIMES THAT WERE GOING ON.
MORRIS PLAYED A BIG ROLL IN GETTING THE CORRUPT FOX PRESIDENT OF MEXICO. WHY DOESN'T MORRIS COME CLEAN ABOUT
WHAT IS GOING ON WITH MEXICO.
I STIIL THINK NEVADA IS A HOT SPOT FOR ILLEGALS, MANY HOMES AND APARTMENT ARE USED FOR HIDING PLACES FOR ILLEGALS. A COMPANY IN HENDERSON NEVADA,OFF SUNSET BLVD.
THE MAKE CHEAP SHAMPOOS AND HAND CREAMS HAVE BE WORKING AND
HIDING OUT ILLEGALS. THE ILLEGALS ARE WARNED NOT TO COME TO
WORK WHEN EVERY THE IMMAGRATIONS ARE COMING OUT. IMMAGRATIONS TELLS THEM WHEN THE ARE COMING AND I'M SURE
MANY OTHER COMPANIES IN NEVADA ARE DOING THE SAME. HOUSE IS
BIG BUISNESS IN NEVADA BUT ONLY THEY MEXICANS GET THE JOBS,
CONTRACTORS DON'T WANT WHITE OR BLACK AMERICANS THEY WANT
THE ILLEGALS.
19 posted on 04/27/2005 9:23:44 AM PDT by rebapiper (.)
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To: Gadfly-At-Large
Yeah, I understand that this is harder on the Majority than Minority but so what.

The "so-what" makes it easier for Dems to win. You get just a couple of Republicans sick or needing to go somewhere, and you lose the quorum. Huge lift for the Dems.

Must better just to let them hang themselves a little bit more each day.

20 posted on 04/27/2005 9:32:45 AM PDT by XJarhead
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To: rebapiper
Dick Morris has no more interest in this country than the Clinton's did when they sold this country down the drain. The Clinton's and their Communist party (Demorats) and that goes for Morris as well, belong behind bars for live or the death penalty, TREASON. Morris was very much a part of the selling out of America. They set the course for 9/11 and their hijackers carried it out. The Clintons and the Dick Morris's steered the planes while the hijackers drove it. Morris and they rest of the Communist group all yelled loud and clear day after day after day about Linda Tripp, "she wants to right a book" Leading Americans to think it was Tripp that wanted a bood deal, the fact is the so call (Left,Liberals)the communist group want book deals and they ALL wrote books. Morris could have exposed the Clintons and they rest of his communist party for Treason and many other crimes but instead he is portrayed as a do gooder now. OUR TAX DOLLARS WENT TO INDEPENDENT COUNSELS THAT STABBED US IN THE BACK. THERE WOULD BE NO NEED FOR THE MISS USE OF BILLIONS OF TAX DOLLARS AND PHONY INDEPANDENT COUNSEL IF MORRIS AND HIS COMMUNIST GROUP WOULD HAVE DONE THE RIGH THING AND EXPOSED THE CRIMES THAT WERE GOING ON. MORRIS PLAYED A BIG ROLL IN GETTING THE CORRUPT FOX PRESIDENT OF MEXICO. WHY DOESN'T MORRIS COME CLEAN ABOUT WHAT IS GOING ON WITH MEXICO. I STIIL THINK NEVADA IS A HOT SPOT FOR ILLEGALS, MANY HOMES AND APARTMENT ARE USED FOR HIDING PLACES FOR ILLEGALS. A COMPANY IN HENDERSON NEVADA,OFF SUNSET BLVD. THE MAKE CHEAP SHAMPOOS AND HAND CREAMS HAVE BE WORKING AND HIDING OUT ILLEGALS. THE ILLEGALS ARE WARNED NOT TO COME TO WORK WHEN EVERY THE IMMAGRATIONS ARE COMING OUT. IMMAGRATIONS TELLS THEM WHEN THE ARE COMING AND I'M SURE MANY OTHER COMPANIES IN NEVADA ARE DOING THE SAME. HOUSE IS BIG BUISNESS IN NEVADA BUT ONLY THEY MEXICANS GET THE JOBS, CONTRACTORS DON'T WANT WHITE OR BLACK AMERICANS THEY WANT THE ILLEGALS.

Huh?
21 posted on 04/27/2005 9:34:36 AM PDT by Paloma_55
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To: Howlin
And unless I am mistaken, the problem would be for us: i.e., we'd have to keep at least 51 senators ON the floor at all times and they'd only have to have one there doing the talking for them.

Am I wrong about that?


I think you are wrong.

If more than 8 Dems leave the room, you have a vote and it turns out 55 - 31 which yields a 60% vote. If you have a few conservative Dems on your side, the number of Dems that can leave the room gets smaller. A vote for cloture can take place at any time the leadership wants it.
22 posted on 04/27/2005 9:39:05 AM PDT by Paloma_55
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To: Paloma_55

One small correction...it's "cloture" vote, not "closure", Toesucker...

I disagree with this premise. There is nothing in the constituion about a supermajority being needed to passage of appointments, thus, filibustering appointments of any kind is unconstitutional. And if Republicans are afraid that this means Dems will be able to push through liberal judges if they lose control...well, don't lose control! Fact is, when they were in the majority, they did!

Both parties need to realize that this is why we have elections. If the Dems don't like the Republican majority appointing "conservative" judges, then they had better started winning more elections. Meanwhile, the people have spoken at the ballot box.


23 posted on 04/27/2005 9:42:37 AM PDT by Keith (now more than ever...it's about the judges)
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To: Paloma_55

Hell, yes. Let them BS and talk,and talk,etc..that's
all the likes of Kerry, Druban, Schmucker, (Schumer),
Kennedy..and the biggest one...Dodd... it is downtight disgusting to hear him talk like he
is a rational person....only guy in the Senate with
any integrity for Dems is Liebermann...and he is the
same vote ..90% of time. Jake


24 posted on 04/27/2005 9:43:17 AM PDT by sanjacjake
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To: Paloma_55

Save the traditional filibuster.
I see C-Span, from time to time.
It would be great, to see Senator Jefferson Smith
filibustering something or another.
I WANT to see a REAL filibuster.


25 posted on 04/27/2005 9:46:26 AM PDT by greasepaint
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To: Paloma_55
Frist knew the fake filibuster was coming, the Republicans should have upon first occurrence;

1) Made the "nuclear" rule change as a matter of course on day one. If what the Rats are doing didn't violate the rules on day 1, why does it 5 years later? I think it is way too late for that. Who, other than what will be perceived as a "cheater", would play (and lose) a game for 5+ years a then change the rules.

2) Made the Democrats filibuster for real. I don't have a problem with the filibuster as long as the objecting party is passionate enough to do it for real. This "girly man" man version of the filibuster is what is causing the problem.
26 posted on 04/27/2005 9:53:10 AM PDT by IamConservative (To worry is to misuse your imagination.)
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To: HOYA97

Most of the Pubbies are just wimps and dweebs (Voinovich). Remember the story of the intern yesterday who complained about being hit on all the time. The Pubbies want to just keep things light and breezy, never taking much of a stand so as not to jeopordize their seats in Congress. A lost seat and it's back to the real world- WITHOUT all the babes!


27 posted on 04/27/2005 9:58:59 AM PDT by bombthrower
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To: Paloma_55
He's right.

both sides got together and changed the rules so they could keep the power of the power of the filibuster without having to actually do the physical act of maintaining the control of the floor for 24 hours a day and seven days a week like a real filibuster requires.

In a real filibuster both sides had to remain close by in case of a break. They couldn't leave and go to their dinner parties and cocktail lounges and Mistresses.

They made it convenient. Hence you have one side abusing it.It shouldn't be done away with but it should never have been made easy to do.

It should have been left like it was a tough grueling thing that required both sides to remain at their post 24 hours a day.

How long do you think Teddy could stay away from his bottle or for that matter any of these lazy never had a real job people on both sides would inconvenience themselves over a trivial issue.

The Republicans don't want to go back to a real filibuster anymore than the Democrats and the Democrats know it.

Once again the Democrats have called the Republicans hand with a strong bluff. If the past gives any indication of a response the Republicans will fold. The Democrats know that to.

If the Republicans are ever going to govern even while they are in the majority they are going to have to call the Democrats hand and prove to them they are in charge.

This is the Republicans last bite at the apple, at least as far as I'm concerned .

We've given them everything they have asked for both houses and the presidency and over ten years to do something to stop the rot and decay brought on by liberal politic ans and activists judges.

If they can't produce now they never will and we need to waste our vote somewhere else.

28 posted on 04/27/2005 10:04:35 AM PDT by mississippi red-neck
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To: Keith
One small correction...it's "cloture" vote, not "closure", Toesucker...

Errr...ummm... Keith...

If you read the post above your response to me, you will note that I spelled cloture correctly. This was BEFORE your comment.

So who's the toesucker now?!?!?


29 posted on 04/27/2005 12:22:07 PM PDT by Paloma_55
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To: Paloma_55

No NO!


Not YOU...I meant well-paid political operative Dick "Toesucker" Morris...

I am assuming you know why freepers call him that.


30 posted on 04/27/2005 1:38:00 PM PDT by Keith (now more than ever...it's about the judges)
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To: Keith
Oh... in that case, I request permission to withdraw that laugh and replace it with a friendly smile...

31 posted on 04/27/2005 5:57:23 PM PDT by Paloma_55
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