Daschle single handedly rewrites constitution!

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[space-c]

Daschle Invents 60-Vote Majority

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Daschle Invents 60-Vote Majority

Jeff Johnson, CNSNews.com
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.

Copyright CNSNews.com

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[space-c]

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?

[Free the USA]

If you have Sixty members who want to have the vote then a simple majority can pass the bill.

[GussiedUp]

Does South Dakota have anything worth boycotting until they vote this pint-sized snake out of office?

[billbears]

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

[space-c]

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?

[loulou]

I have emailed the d senators......Americans are watching..

[Right_in_Virginia]

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.

[Free the USA]

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.

[Lessismore]

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".

[Sloth]

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?

[Rome2000]

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.

[space-c]

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.

[dr_who]

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.

[celtic gal]

Too bad we can't impeach the SOB

[cookcounty]

No more "Puff-Daschle.

Now it should be Senator Tom B. Draggle, or

Tom Draga$$le.

[JeepInMazar]

Don't worry, the Republicans in the Senate, led by big, bad Trent Lott, will deal effectively with Daschle. < /sarcasm >

[JeepInMazar]

See post #36.

[dr_who]

When is that idiot going to retire?

[bushfamfan]

Dasshole is certainly that. The jerk is no good. It's about time Republicans confront them on their complete lies and partisanship.

[Kozak]

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?