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Daschle single handedly rewrites constitution! ^ | 1-1-02

Posted on 01/01/2002 6:08:58 PM PST by space-c

Daschle Invents 60-Vote Majority
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Headline News
Daschle Invents 60-Vote Majority
Jeff Johnson,
Tuesday, Jan. 1, 2002
WASHINGTON – Senate plurality leader Tom Daschle says he will not back down from his demand that any legislation or nomination deemed "controversial" by Democrats receive the support of 60 senators before he will allow the Senate to vote.

"I don't refuse to allow votes. We're gonna have votes on a lot of these issues," claimed Daschle, D-S.D. "We're prepared to take up these issues, but a 60-vote majority is something that should be achieved in these cases."

Daschle made his comments Sunday on NBC's "Meet the Press." Republicans are criticizing the Democratic leader for imposing an artificial majority, not required by the U.S. Constitution or Senate rules. They also point out that he did, in fact, refuse to allow a vote on the economic stimulus package Dec. 20.

"We don't need obstructionists. We need to work together. We can have differences of opinion," said Senate Minority Whip Don Nickles, R-Okla., appearing on the same program. "With the Senate being so equally divided, it's important that one side not try to say, 'My way is the only way.'"

Daschle's Fantasy Constitution

Daschle says his demand of a 60-member majority before consideration of so-called "controversial" issues or nominees is linked to the U.S. Constitution.

"The Founding Fathers, in their wisdom, chose to assure that there would be ample support for controversial measures before they passed," Daschle said.

But the Constitution does not require a 60-vote majority for any purpose. It requires only a simple majority for most bills and resolutions, and a two-thirds (67 vote) majority to impeach, override a presidential veto, or ratify an international treaty.

The Senate's Web site states, "Unless rules specify otherwise, the Senate may agree to any question (any matter on which the Senate is to vote, such as passage of a bill, adoption of an amendment, agreement to a motion, or an appeal) by a majority of Senators voting, if a quorum is present."

And the Senate rules appear to be exactly where Daschle is reaching to demand the support of 60 members before scheduling votes, but, again, only loosely.

Senate Rule XXII outlines the "Cloture Rule." Invoking cloture is the only procedure by which the Senate can place a time limit on debate to overcome a filibuster. Under the rule, consideration of a pending matter is limited to 30 additional hours following a three-fifths majority vote.

Blocking Reich and Scalia

But Nickles says Daschle is demanding the 60-vote majority on bills, such as the economic stimulus package, and nominations, such as those of Otto Reich and Eugene Scalia, prior to any filibuster taking place.

"The Democrats are saying: 'We'll filibuster that nomination. We'll give you a vote, but you're going to have to have 60 [votes],'" he explained.

President Bush nominated Reich to be assistant secretary of state for Western Hemisphere affairs and Scalia to serve as solicitor for the Labor Department.

Scalia is the son of Supreme Court Justice Antonin Scalia, who voted with the majority in ruling that President Bush had legally won the presidential election in Florida. Republicans believe Democrats are holding up the younger Scalia's nomination to punish his father. They say the Reich nomination is being stalled on similar ideological grounds, not because of questions about the qualifications or abilities of the nominee.

Nickles says Bush should use his recess appointment authority to place the men in the positions while the Senate is adjourned. The move would fill the positions, without Senate approval, until January 2003.

But It Was OK for Clinton to Make Recess Appointments

"I would discourage it, but I recognize that that's a president's prerogative," responded Daschle. "That isn't the way it ought to be addressed. The constitutional responsibility of the president and the Congress is to work together on these nominees."

Nickles says Republicans have tried.

"We did work together. We worked together in a bipartisan fashion that we've never seen before," he added. But "the last three or four weeks of the session became very partisan. And that was unfortunate. So we didn't get things done."

President Bush said Friday that he would consider recess appointments "at the appropriate time."

"I'm disappointed that a lot of my appointments were stalled in the United States Senate, weren't given a hearing," he added. "I'll take a good, hard look at all the options available to me."

Bush has until the Senate reconvenes Jan. 23 to make those appointments without the Senate's approval.


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OK so since when do Senators get to arbitrarily pick out a number between 51 and 100 and basically choke your right to representation with it.
1 posted on 01/01/2002 6:08:58 PM PST by space-c (
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To: space-c
Since when? Since Clinton was (is still?) in office.....
2 posted on 01/01/2002 6:13:41 PM PST by Bradís Gramma
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To: space-c
The R's need to grow a pair and force these fillibusters to take place. That way we can see the Dems BEING obstructionist instead of hearing the charge from R's. Much more effective for TV coverage.

Hope they start soon. Don't they have a parlimentarian among them. Maybe they should hire Newt to consult, I'm sure he could bone up on the Senate rules and be an expert in no time. He took this crap on when he was minority leader, as it infuriated him, and changed a lot of it when he had the chance as Speaker.

3 posted on 01/01/2002 6:14:40 PM PST by Jack Black
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To: space-c
This makes it look like Daschle no longer has a working majority on key issues. I suppose he's trying to avoid relying on filibusters, which would really look bad considering he is the majority leader.

Surely the Republicans could counter this by listing many important bills that have been passed in the past with less than 60 votes.

4 posted on 01/01/2002 6:22:07 PM PST by AzJohn
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To: space-c
The Republicrats have effectively ended any right we (the people) have to fair representation and our Constitutional rights.

To paraphrase Steve Martin, 'die you scum sucking globalist pigs...'

5 posted on 01/01/2002 6:22:23 PM PST by UnBlinkingEye
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To: space-c
This article really makes me want to telephone Daschle's office and tell him to "keep on keepin' on, for the Republicans are going to nail you guys in 2002". I do believe Americans are in no mood for this partisan B.S., and his tactics are, when all is said and done, a shot on the foot for dems.

Here's another thread related to my *rant*, Re-Taking the Senate: Hugh Hewitt has a plan for Republican victory in 2002.

6 posted on 01/01/2002 6:23:26 PM PST by calypgin
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To: space-c
I'm not sure this belongs in Breaking News but, whether it belongs or not, PLEASE don't change the title of an article when you post.
7 posted on 01/01/2002 6:25:34 PM PST by Jean S
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To: calypgin; all
Thanks for posting the link to Hugh's plan...everyone, go read that one!!!
8 posted on 01/01/2002 6:26:52 PM PST by Bradís Gramma
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Comment #9 Removed by Moderator

Comment #10 Removed by Moderator

To: Brad's Gramma

Just doing my part on *emailing ten friends*... I think it's a sound plan, as modified by freepers. (o:

11 posted on 01/01/2002 6:37:31 PM PST by calypgin
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To: JeanS
Whoops, sorry about that, first post, :). It would have been the title I would have given it anyway :).
12 posted on 01/01/2002 6:37:34 PM PST by space-c
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To: space-c
13 posted on 01/01/2002 6:37:36 PM PST by TaRaRaBoomDeAyGoreLostToday!
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To: space-c
Here's an article that really nails the Dems in the chops:

Courting Trouble


Wednesday, May 09, 2001, at A17

In making his first judicial nominations this week, President Bush is following the advice of his harshest left-wing critics. Writing in the July 16, 1999, San Francisco Chronicle, Nan Aron of the leftist Alliance for Justice insisted that the president "has a duty to fill judicial vacancies and appoint jurists who share his views." Mr. Bush is doing just that.

Ms. Aron, her leftist friends and Senate Democrat allies will no doubt spin some yarn about how that advice applies only to Democrat presidents nominating activist judges. As the judicial selection process normally gets under way, those folks are indeed doing a whole lot of squirming and shape-shifting. Here are some recent examples.

For the second time since June 1994, judicial vacancies are in the triple digits. Democrats and their leftist allies once decried far lower vacancy levels. In March 1998, Sen Dick Durbin called 84 vacancies "a nationwide crisis" and in August 1999, President Clinton called 65 vacancies "a mounting vacancy crisis." Senate Minority Leader Tom Daschle said in March 2000 that 75 vacancies was "a dire shortage" of judges.

In September 1995, the Alliance for Justice´s legislative counsel said in an Insight magazine interview that with just 52 vacancies the judicial system could barely function. Total vacancies are nearly 100 percent higher today.

And Ms. Aron herself, according to the October 1998 ABA Journal, was urging the Senate to "confirm more judges" when there were just 69 vacancies. Last July, Sen. Patrick Leahy said that 21 appeals court vacancies meant the judiciary´s "ability to administer justice for the American people is being hurt." Appeals court vacancies are 50 percent higher today.

Mr. Bush´s opponents have changed their tune on other issues. Senate Democrats are trying to extort an absolute veto by individual senators to nominations in their states. Such an extreme partisan policy has not existed for decades, changed by none other than Sen. Ted Kennedy when he chaired the Judiciary Committee and followed by Sen. Joseph Biden during the 1980s. In a letter to President George Bush dated June 6, 1989, Mr. Biden wrote that opposition by a home state senator "will not preclude consideration of that nominee unless the administration has not consulted with both home state senators prior to submitting the nomination to the Senate." In October 1993

Mr. Biden repeated in a Senate floor speech that consultation "does not allow for, even on a judicial nominee, for a single senator to have a veto power." These clear words have now become politically inconvenient, so they are changing the definitions. Under President Clinton, "consult" did not mean a veto; under President Bush, it does.

Here´s another about-face. Back in 1999, some Senate Republicans tried to block all Clinton judicial nominees because the president abused his authority to make so-called recess appointments. Democrats objected, Roll Call quoting Mr. Leahy saying in January 2000 that "The target here may be the president, but the hostage is the criminal and civil justice system."

Under Mr. Clinton, blocking judicial nominees even over a fundamental constitutional principle was wrong; under President Bush, blocking them even over a partisan perk is fine.

Another Democrat about-face is on using ideological litmus tests to reject nominees failing to pledge they will rule correctly on certain issues. On July 10, 1997, Mr. Leahy said he, "would like to believe that . . . no senator is imposing an ideological litmus test on judicial nominations." On March 1, 1998, he said: "Partisan and narrow ideological efforts to impose political litmus tests on judicial nominees and to shut down the judiciary must stop." And on Oct. 14, 1999, he said, "you cannot have a small clique decide they want to know exactly how judges are going to rule before they go on the bench, or they´re not going to confirm them."

The Lawyers´ Committee for Civil Rights warned in September 1997 that ideological litmus tests "threaten the vital independence of the judiciary and politicize the process for nominating and confirming federal judges."

And the Brennan Center for Justice agreed in an October 1999 report that litmus tests are "a selection method that undermines the independence of our third branch of government." Yet Democrats used the litmus test on Attorney General John Ashcroft and, following his confirmation, pledged to use it even more aggressively on judicial nominees.

So let´s recap here. When Democrats ran the Senate, they denied home state senators a veto on nominations; with Republicans in charge, they demand the veto. When vacancies were lower under a Democrat president, Senate Democrats and left-wing groups urged faster confirmations; with higher vacancies under a Republican president, they want slower confirmations. With a fundamental constitutional principle at stake, they said blocking judicial nominees threatened the legal system; with a partisan perk at hand, they vow to stop everything. As long as a Democrat was nominating judges, litmus tests were taboo; with a Republican president sending up nominees, they are standard operating procedure.

Senate Democrats and their leftist allies will pursue the very course they once condemned, best described in the Alliance for Justice´s 2000 annual report (the names have been changed to protect the hypocritical): " intransigence and continued attempts to prevent the administration from filling the federal judicial vacancies left many courts with serious case backlogs and frustrated President ´s goal of leaving behind a fully staffed judiciary."

President Bush is following the advice of his left-wing critics; perhaps they should practice what they preach.

Thomas L. Jipping, J.D., is director of the Free Congress Foundation´s Judicial Selection Monitoring Project.

14 posted on 01/01/2002 6:39:32 PM PST by Henchster
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To: space-c
Dasshole is determined to play politics with the business of the people.
15 posted on 01/01/2002 6:40:38 PM PST by Blood of Tyrants
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To: space-c
Daschle's just showing his true colors!!!!
16 posted on 01/01/2002 6:41:25 PM PST by Defender2
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To: space-c
I wonder if Dubya has the balls to follow through and get tough. I doubt it.
17 posted on 01/01/2002 6:46:20 PM PST by rwfromkansas
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To: space-c
Article 1 section 5 of the U.S Constitution allows the Senate to set it’s own rules for proceeding. The Sixty-vote rule to overcome a filibuster has been a fixture of the Senate as long as I can remember. It has been customary for the Majority leader to refrain from bring up bills that have no chance of overcoming a filibuster. Why waste time to debate a bill that will never reach a vote? There are rules for forcing the Majority leaders hand but what Dashle is doing is no different than what all Majority leaders do.
18 posted on 01/01/2002 6:46:48 PM PST by Free the USA
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Comment #19 Removed by Moderator

To: space-c
If the Midget Dashole wants a fillibuster ... FINE .. BRING IT ON ..

I myself would like to know EXACTLY who is against working for the people .. I want it on the books for ALL to see what kind of slim buckets these LOSERS really are

Gee they sure didn't seem to have a problem in Voting themself a payraise ..

20 posted on 01/01/2002 6:56:34 PM PST by Mo1
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To: Free the USA
Well, then why have the rule that it would only take a siple majority to pass a bill when 60% would have to agree to vote on it in the first place?
21 posted on 01/01/2002 6:56:34 PM PST by space-c
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To: space-c
If you have Sixty members who want to have the vote then a simple majority can pass the bill.
22 posted on 01/01/2002 6:59:41 PM PST by Free the USA
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To: space-c
Does South Dakota have anything worth boycotting until they vote this pint-sized snake out of office?
23 posted on 01/01/2002 7:00:03 PM PST by GussiedUp
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To: space-c
The Founding Fathers, in their wisdom, chose to assure that there would be ample support for controversial measures before they passed," Daschle said.

Hey, Tommy. News Alert!! The Founders in their infintive wisdom also protected Senators from pandering to the public by requiring them to be elected by state houses in trying to prevent the popularity contests we have today. The Founders also expected the states to take on many of the responsibilities the national government has done. The Founders also expected this nation to be somewhat moral, if not religious as well. But you progressive idiots have destroyed that document written 214 years ago trying to establish the Almighty STATE. Do you think you could just shut up for once and allow the document to speak for itself. Dern politician!! No wonder Franklin didn't want to pay them, now we have career idiots

24 posted on 01/01/2002 7:03:38 PM PST by billbears
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To: Free the USA
Then it seems that anything between 51 and 60 votes is automatically "controversial", and it is no longer a simple majority vote needed to pass something. So once more, why have a simple majority rule about pass/no-pass, when someone else has decided that it wont even come to a vote unless more than a simple majority approve of it?
25 posted on 01/01/2002 7:04:42 PM PST by space-c
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To: GussiedUp
I have emailed the d senators......Americans are watching..
26 posted on 01/01/2002 7:06:38 PM PST by loulou
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To: space-c
Hopefully, the president will find room on his (very full) plate for politcal leadership. The president should be using the bully pulpit to denounce Dashole's arrogant obstruction and balance the media's nonstop defense of everything Dashole.

IMHO we're at the point where Bush---in front of the cameras---needs to remind Dashole who is president. And, an effective wake-up call for the Senate's plurality leader would be recess appointments....lots and lots of them.

But, unfortunately, I'm not going to bet the farm on this happening.

27 posted on 01/01/2002 7:07:47 PM PST by Right_in_Virginia
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To: space-c
In the old day filibusters used to run until the Senate got fed up with it and instituted a means to overcome it. The means the Senate settled on was the Sixty-vote rule. Why they did not do like the house and allow a time limit on debate you will have to research on your own.
28 posted on 01/01/2002 7:08:55 PM PST by Free the USA
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To: Free the USA
It seems like it at least a decade since there has actually been a filibuster on the Senate floor. I don't recall former Majority Leader Lott bringing bills to the floor unless he was sure he could get cloture. All it takes to stop legislation in the Senate is one Senator to threaten "I'll filibuster, and you don't have 60 votes for cloture".
29 posted on 01/01/2002 7:16:11 PM PST by Lessismore
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To: Jack Black
The R's need to grow a pair and force these fillibusters to take place.

The President has a ridiculous amount of political capital right now (39% most admired, etc.) -- why won't he use it?

30 posted on 01/01/2002 7:20:54 PM PST by Sloth
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To: Jack Black
I just got back from DC on Saturday. Do Democrats walk around with blinders on?.

The whole area around the Capitol obviates the entire liberal cause.

What sane individual, after walking through Arlington, or the Smithsonian Air and Space Museum, or the Lincoln Memorial, turns around and espouses the lousy and ridiculous anti-American and pro-socialist crap that liberal Democrats do?

I stayed at the "Best Western" on North Capitol Ave, perhaps the rats only look at the area surrounding this sad excuse for a hotel within sight of the Capitol as their inspiration for terrible legislation.

It reminded me of NYC pre-Giuliani.

Apparently menacing crackheads are acceptable when the Mayor is a Democrat.

Beauty is in the eye of the beholder, after all.

31 posted on 01/01/2002 7:25:10 PM PST by Rome2000
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To: Free the USA
I saw the movie "Mr. Smith goes to Washington" too, and I do really see all the angles to this, but what upsets me is the simple majority rule is deemed utterly irrelevant. I think it was put there for a reason. The senate is to be the playing field where every state has an equal voice, and the simple majority rules. If they have the right to determine how they will carry on their business as per the constitution, then they can set a time limit as well. Think about it, if they cant set a time limit, how can they over-rule a simple majority vote rule like they are?

If there is a filibuster, so be it, I view it more as the oil light in a car going off, you need to pull over and check it. I also think that it is good for America to see the oil light go off as well on occassion, It shows that the system is actually working, and in turn they can contact their representatives about it, and be active.

32 posted on 01/01/2002 7:25:16 PM PST by space-c
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To: space-c
All the Republicans have to do is oppose him for a change. He can't get away with this unprecedented B.S. if other party bothers to call him on it.
33 posted on 01/01/2002 7:25:35 PM PST by dr_who
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To: Mo1
Too bad we can't impeach the SOB
34 posted on 01/01/2002 7:28:05 PM PST by celtic gal
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To: space-c
No more "Puff-Daschle.

Now it should be Senator Tom B. Draggle, or

Tom Draga$$le.

35 posted on 01/01/2002 7:30:24 PM PST by cookcounty
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To: space-c
Don't worry, the Republicans in the Senate, led by big, bad Trent Lott, will deal effectively with Daschle. < /sarcasm >
36 posted on 01/01/2002 7:32:56 PM PST by JeepInMazar
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To: dr_who
See post #36.
37 posted on 01/01/2002 7:34:46 PM PST by JeepInMazar
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To: JeepInMazar
When is that idiot going to retire?
38 posted on 01/01/2002 7:37:00 PM PST by dr_who
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To: JeepInMazar
Dasshole is certainly that. The jerk is no good. It's about time Republicans confront them on their complete lies and partisanship.
39 posted on 01/01/2002 7:40:04 PM PST by bushfamfan
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To: space-c
You know, if he likes the number 60 so much how about this, introduce a constitutional amendment that REQUIRES a 60% majority of each house of congress on any law that increases taxes. After all if it can't muster 60% of the votes it must be controversial right?
40 posted on 01/01/2002 7:41:01 PM PST by Kozak
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To: Rome2000
I've had mixed results with Best Western's myself. I've found excellent rates on Hotels via the Internet. Strange that I can often get rooms, even on short notice for 1/2 price vs. calling the same hotel on the phone. Weird.

I completely agree with your comments. All of American History is a rebuke to Hillary and her ilk, they are just too stupid to see it.

41 posted on 01/01/2002 8:05:00 PM PST by Jack Black
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To: space-c
He's a little weasel
42 posted on 01/01/2002 8:12:00 PM PST by classygreeneyedblonde
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To: Right_in_Virginia
The President did say that the Senate should not be playing politics in his radio address. I think we know what he was talking about. So does that slimey Hitler wannabe Daschle.
43 posted on 01/01/2002 8:31:43 PM PST by ladyinred
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To: classygreeneyedblonde
And here I thought a minion of Hell would be a jackal. But a fierce rodent makes more sense than a member of the dog family. I like dogs.
44 posted on 01/01/2002 8:32:09 PM PST by evolved_rage
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To: bushfamfan
He may be a Dashole, a weasel and a jerk, but whatever he his, he has something Trent Lott and most of the Republicans lack.

A spine, and two big brass ones.

45 posted on 01/01/2002 9:14:08 PM PST by Jesse
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To: space-c
Is that what our politics has been reduced to, just the threat of a filibuster and we all behave as if the filibuster actually happened? And not even the threat of a filibuster, just the possibility of a filibuster and they behave as if it already happened!

This cannot be allowed. They talk about Ashcroft trampling on civil rights -- this is nothing short of a coup de etat. Throw out the Constitution and representation and let one man decide the rules.


46 posted on 01/01/2002 9:16:52 PM PST by Political Junkie Too
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To: space-c
I try to avoid commenting on Newsmax articles, since they involve preaching to the choir, but this one deserves mention. Tom Dash-hole is the most worthless excuse for a "leader" in the Senate we've seen in a long time. The people of his state voted 2-1 for President Bush, and yet he, he continues to obstruct progess and compromise.

I hope Bush unloads on this self-important little man in the coming year, and I certainly hope he becomes as irrelevant to the legislative process as the Queen Mother is to Prime Minister's Questions.

47 posted on 01/01/2002 9:32:59 PM PST by Recovering_Democrat
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To: Jack Black
The "R"s as a whole could grow 'some' or the President could simply tell Dashole, "look bud, any and every bill you bring to me is DEAD ON ARRIVAL!" Let Dashole try to get his 60 vote override for the Educashun Bill or well-fair, or mediscare.....

With the prez's popularity and apparent bully pulpit, he could pull it off.....

Nah.....I'm just dreamin....the GOP wouldn't have the guts to do anything like that....sheesh, they couldn't even vote to keep the non-essentials of government shut down! Limp-wristed wimps....

48 posted on 01/01/2002 9:44:33 PM PST by Rowdee
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To: space-c
Why don't Republicans have any balls?
Why don't Republicans have any balls?
Why don't Republicans have any balls?
Why don't Republicans have any balls?
Why don't Republicans have any balls?
Why don't Republicans have any balls?
Why don't Republicans have any balls?
Why don't Republicans have any balls?
49 posted on 01/01/2002 9:52:44 PM PST by Thorondir
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To: Thorondir
50 posted on 01/01/2002 11:00:30 PM PST by oioiman
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