The Byrd Option--II

Opinion Journal of the WSJ ^ | 4/3/05 | Editorial

[Shery]

The Byrd Option--II He says the Senate doesn't have to vote on judges, so the GOP should mail it in.

Sunday, April 3, 2005 12:01 a.m. EST

Robert Byrd is an expert on Senate rules and procedures, on which he has written a four-volume history. So we paid notice when a friend called our attention to the West Virginia Democrat's latest pronouncement on the confirmation of President Bush's judicial nominees.

[Admin Moderator]

We must excerpt WSJ articles.

[Enterprise]

Senator Byrd: Still mucking things up after all these years.

[RWR8189]

 

[gakrak]

I read that also, and based on my reading of the constitution Article 2, Section 2 It seems to be true no floor vote is necessary.

"Article 2 Section 2

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."
So it seems that a letter signed by 51 Senators confirming a judge is really all that is needed. Amen.

[QwertyKPH]

I think Robert KKK Byrd should stick to subjects he's infinitely more qualified in such as his

sense of fashion

[Enterprise]

Here is a link to a related subject on Byrd.

[Shery]

Sorry! This is my first post, so thanks for the heads-up!

[sgtbono2002]

Maybe old Bobby is trying to give the Senate an easy way out. It would be fun to try it and throw his words back in his face.

[leprechaun9]

In the 1993 Senate debate on the Clintooooooooon budget, KKK Byrd said that only 50 votes were required to cut off debate because the Budget never becomes law, it is a game plan. The Appropriation Bills do become law and therefore require the Senate imposed standard of 60 votes. He said that the 60 vote standard ONLY applied to legislation.

Since the Judicial Nominations do not become law, why do they need 60 votes?

[Hebrews 11:6]

So it seems that a letter signed by 51 Senators confirming a judge is really all that is needed. Amen.

Not so fast. A letter signed by Senators is not "the Senate" advising and confirming--it is Senators writing. The Senate needs to act as a body, in session. Which it can certainly do with a quorum and simple majority.

[Hebrews 11:6]

You've found the pot o' gold!

[Apogee]

The senate probably means a body.

We might need to consider amendments to clarify a few things, like - if congress refuses to give its advice...
If judges refuse to defend the constitution...

[TomGuy]

The Byrd Option--II He says the Senate doesn't have to vote on judges, so the GOP should mail it in.

That would be too scary for Frist. It would mean he might have to actually do something. Shudder....chills...

Recount:

Democrats begin filibuster against Estrada - Feb. 13, 2003

Spring 2003, Frist threatens Dems about Judicial filibustering. Filibusters continue.

Judicial nominee Estrada withdraws his name - Sep. 4, 2003
[Who could blame him?]

Spring 2004, Frist threatens Dems about Judicial filibustering. Filibusters continue.

Spring 2005, Frist threatens Dems about Judicial filibustering. Filibusters continue.

Final count was what? 20 filibustered?

[See a pattern? Frist is good about threatening, lax on any actions. I'm betting that Frist will defer doing anything until after the 06 elections; then he will defer to the 08.]

[gakrak]

Article 2 Section 2 does not state in session that I can see.

[Hebrews 11:6]

Unless the Senate meets as a body, it is not the Senate.