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The Asylum

Welcome to the Asylum. This is a site devoted to politics and current events in America, and around the globe. The THREE lunatics posting here are unabashed conservatives that go after the liberal lies and deceit prevalent in the debate of the day. We'd like to add that the views expressed here do not reflect the views of other inmates, nor were any inmates harmed in the creation of this site.

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Location: Mesa, Arizona, United States

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Wednesday, April 13, 2005

The War For The Courts…

In the next few weeks, the first battleground in this new, social war is about to be unveiled. We are in the fight for the heart and soul of this nation. It’s a fight to protect what rightfully belongs to the people of this great nation. That would be our system of checks and balances, and the Constitution itself.

For a few weeks now, the "Constitutional Option" has been bandied about. The media has hammered on it. The bloggers are all over it. The base—both Democrat and Republican—have drawn the battle lines. There are whispers that this senator or that senator is out there yelling about it, and some of them are coming down firmly against such a move. This option is a necessity. It is a step that must be taken.

The rights of the president, enumerated and protected by the Constitution, are being violated. He has the right and the duty to appoint judges to the federal bench. (Article II, Section 2, Paragraph Two) And yes, the Senate has given him most of his nominees. But there are twenty or so that are being held up. These twenty are originalists, that is, they believe that what the Constitution says is final. There should be no interjection of personal preferences or special interests into their interpretation of the law.

And, as I have said on countless occasions, that is the purview of the courts. To interpret the law. But the Senate Democrats have engaged in an illegal filibuster time and again when these nominees move out of committee, and onto the floor. What is truly sickening, at least to us, is that this isn’t even a true filibuster. This is a round-the-clock, 24 hours a day filibuster. This is a 9-to-5 filibuster. And then both sides quit and go home. Our representatives have gotten lazy.

Worse yet, these twenty or so nominees can’t even move out of committee because the Democrats refuse to attend the Judicial Committee meetings. The nominee can pass out of committee by means other than the usual vote, but it is upsetting to see a party act as petulant as it has for ten-plus years now. Ever since they started losing power in 1994, the Democrats have thrown temper-tantrums. They have dug in, gotten meaner and nastier, and they’re bolstered by the fact that the Republicans lack the backbone to challenge them. The Constitutional Option gives the GOP a perfect opportunity to redeem themselves.

The Constitutional Option will break the ability for the Democrats to use the filibuster on judicial nominees, or any nominees for that matter. It strikes down a rule in the Senate. A rule! We’re standing on the side of preserving, protecting, and defending the Constitution—something that our elected representatives are sworn to do—and they’re sitting back and playing games. The Democrats don’t want these people on the bench because they’re afraid that they will act accordingly, and interpret the law, as it sits now, progressed forward by precedent. They have repeatedly stated to the committee that they will abide by the law.

This war is heating up now because if the option isn’t exercised, we have a serious problem. United States Supreme Court Chief Justice William Rehnquist will step down very soon. I predict it will be by the end of the year. His cancer is clearly a drain on his ability to hold that position. He is one of the finest originalist justices to ever hold a seat on the high court, and he will be tough to replace; my money still rides on Justice Scalia to take his place. But the real fight will be when a replacement is chosen.

If the Democrats still wield the power of this illegal filibuster, that seat won’t be filled until the next president, if it’s a Democrat. The time is now to act. Dig in, hold the line, and don’t give them an inch. The GOP wields the majority, and supposedly the power, in Washington, DC. They aren’t acting like it. There are a few Senators (McCain, Alexander, Snowe, Hagel, Chambliss, Collins, Chafee, Warner, and Sununu) that have been "wobbly" on the issue. What don’t they understand about this?

Unless they’re from the camp that is standing on the side of "We can do it back to them when they’re in power". Idiots. That isn’t what this should be about, dammit. The Constitution is above all. It’s above rules and regulations, which is also another gripe of mine in regard to the judiciary. But the message that must be sent to these "wobbly" senators is that if they don’t stand with their party, they’re done. They’re finished. John McCain wants to be president? Not on my watch, bub. Lincoln Chafee looking for another term? Uh-uh, pal. This is the message that must be sent. This is a step that must be taken. And, if the GOP comes knocking for a donation, they’ll have a slammed door they’ll conversate with. Not one more dime will be given.

We must work to roll this rule back to secure our system of checks and balances. The GOP needs to be forced to find it’s backbone. Call your reps. E-mail them. If they’re home for a visit before this vote, confront them, and remind them that they’re supposed to be supporting the preservation of the Constitution, not sitting idly by and allowing this fiasco—this train wreck—to continue. It cannot continue.

We’re not asking the Democrats to lop off an arm, here. We’re asking them to go back to the Constitutional way of approving or disapproving a presidential nominee. It’s an up-and-down vote, simple majority, not "supermajority". I believe there are seven instances listed in the Constitution that calls for a supermajority vote. Nominees aren’t one of them. And as of right now, the GOP seems more content with protecting their power, their status quo, as opposed to representing the people of this nation. It’s time to remind them that almost 70 million people voted to put President Bush back in office. We put our faith in the president, his ideas, and his message. But the Senate doesn’t want to go along. It’s sickening, and it’s reprehensible. And if this isn’t carried out, if they don’t utilize and execute this option, every American should be outraged; at least those with a brain cell.

And any among the GOP that opt to side against the option are about to see a glow in the corner of their eye. It’s their career dissipation light, and it just went into high gear. They should, and I feel they will, be held accountable. Right where it counts, at the ballot box.

Publius II

1 Comments:

Blogger Teaparty said...

McCain told Chris Mathews tonight that he would not support his party in seeking the constitutional option.

I haven't worked to become a majority party for the last decade to see him weasel out because he dreams of democratic votes in the next election.

Does he really believe they will support him over a Dem?

BTW...the vast majority of the confirmed judges, including the most recent, were to district courts where they have little affect on jursiprudence in the country. It is only the nominees to the higer courts that have been blocked.

It's simply politics and holding up the majority in order to plan for the next election. Shameless.

Chafee, Sinunu, and other wishy-washy Republicans need to be called and told we expect them to act in a manner commensurate with how hard we worked to earn them the chance.

End the filibuster...now!

5:33 PM  

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