What is the so-called "nuclear option" that Senator Bill Frist may deploy soon in a precedent-setting attempt to break a potential filibuster? It sounds ominous, but what is it all about, really?
President Bush has the opportunity to nominate and fill numerous federal judicial positions this year. Eventually he will have the opportunity to nominate one or more Supreme Court jusices as well. However,this issue isn't about the potential Supreme Court nominations yet, but ultimately it will be.
The Democrats in the Senate plan to use the filibuster to prevent the Senate from voting on the federal judicial nominees that the Democrats see as objectionable. A simple majority of 51 Senators is needed to confirm the nominees. However, once a filibuster has begun, 60 votes are then required to invoke cloture, ending the filibuster, and forcing a vote. There are 55 Republicans in the current Senate, enough votes to confirm President Bush's federal judicial nominees, but not enough to break a nomination-ending filibuster without bipartisan cooperation.
The Republicans contend that requiring 60 votes to effectively confirm a nomination is unconstitutional. The Constitution is imprecise on this point. The Constitution only asks the Congress to "advise and consent" regarding judicial nominees, which implies that only a simple majority vote is needed. The Democrats contend that the filibuster is not unconstitutional and has been used often in the past by the minority party, both Republican and Democratic, and that rules governing its usage should be left intact.
Republican Senator Bill Frist has proposed the "nuclear option," which would set a precedent and effectively change the rules. Currently, Senate Rule XXII stipulates that invoking cloture requires a supporting vote of 60%, and it further stipulates that to change the rule requires a supporting vote of 67%.
Here's one possible scenario about how Senator Frist might trigger the "nuclear option."
1. A controversial judicial nomination goes to the Senate floor for consideration.
2. Senate Democrats begin a filibuster to prevent a confirmation vote.
3. Senator Frist raises a Point of Order. He contends that further debate would be dilatory and that a vote must be taken within a specific period of time.
4. Vice President Cheney, the presiding officer, sustains the Point of Order.
5. A Democratic Senator appeals the ruling.
6. A Republican Senator moves to table the appeal, which would effectively eliminate the appeal.
7. The Senate votes on the motion to table the appeal. This is a procedural issue and cannot be filibustered. Only 51 votes are needed to pass the motion to table the appeal.
8. If only 50 Senators vote to table the appeal, Vice President Cheney can cast the tie-breaking vote. 51 votes would sustain the ruling, thus requiring the filibuster to end within a specified time frame.
This is considered a "nuclear option" because it circumvents Senate Rule XXII which governs cloture. It also would cause further division among Republicans and Democrats, making bipartisan cooperation in the future more difficult. The option would also be a tactic that would be used against the Republicans in the future when they are the minority party and a Democratic President nominates federal judges.
Garry Gamber is a public school teacher. He writes articles about politics, real estate, health and nutrition, and internet dating services. He is a founding member of http://www.goodpoliticsradio.com and the owner of http://www.goodpoliticsradio.com.
Wood Dale Chicago prom limo .. Lockport Chicago limo O’HareWashington DC council member David Catania actually suggested that the... Read More
In a recent report on the status of the Franchising... Read More
The predominant discussion in the Indianapolis media over the proposed... Read More
Have you noticed that the when the service men who... Read More
Long Term Environmental Effect of Plastics, Composites and Other Materials... Read More
Rule of Thumb for exporting technology. The American People need... Read More
Roberto Calvo Macias, a young author and thinker from Spain,... Read More
As concerns grow over the threat of bioterrorism and weapons... Read More
United Liberation Front of Assam (ULFA), one of the most... Read More
One of Abraham Lincoln's claims to fame is the fact... Read More
Death may not be dignified in any light but the... Read More
The more I study the dynamics of WWII the more... Read More
The process of researching this topic has been an interesting... Read More
Heaven, Hell, or some sort of Purgatory.I cannot seem to... Read More
Michael Moore asserts the following in his political film Fahrenheit... Read More
The second amendment to the U.S. Constitution guarantees every American... Read More
In a move that rocked the online world and left... Read More
This brings to our consciousness, issues concerning the ever rising... Read More
What is the so-called "nuclear option" that Senator Bill Frist... Read More
Do you ever wonder how everything gets to the super... Read More
Recently the FTC, Federal Trade Commission put forth a report... Read More
In response to Douglas Bower's article; Logic Class 101 Applied... Read More
Even the most devout proponents of free marketry and hidden... Read More
Currently the United States has weapons, which can shoot around... Read More
The Immigration and Naturalization Service (INS) estimated that there were... Read More
Antigo wedding limo ..Most citizens agree that we need the Federal Trade Commission... Read More
Quit paying the DEA to chase marijuana. We could save... Read More
Recently the CIA staged a practice simulation of a cyber... Read More
ADOLF HITLER:The common perception of Hitler being large and in... Read More
Osama bin Laden probably needs to get a pay raise,... Read More
Excess capacity occurs in many industries, such as power, electricity,... Read More
The process of researching this topic has been an interesting... Read More
The evacuation of Gaza is now completed, and the world... Read More
The use of homosexual men in the area of espionage... Read More
For years I have been amazed as I've listened to... Read More
Bill Cosby got it wrong. His many speeches regarding the... Read More
The filibuster as a political delaying tactic has been a... Read More
WE MUST PUT A STOP TO THE EVER-INCREASING PRICE OF... Read More
You, the reader, should be aware of my affluence of... Read More
We have known of the innate characteristic need of members... Read More
I would like to discuss a few issues we have... Read More
The Carl Rove issue is definitely interesting and distracting. The... Read More
One of Abraham Lincoln's claims to fame is the fact... Read More
In many reports we see that the Federal Trade Commission... Read More
The clause (c) of Electronic Crime Act 2004 has been... Read More
Many MLM sales people mean well but they inadvertently commit... Read More
A War on Terrorism? Conventional war being brought on an... Read More
All to often law makers and regulators create rules and... Read More
A SOLUTION FOR EMPLOYMENT PROBLEMS TO AID IN THE FIGHT... Read More
The Presidents Before Washington:From the moment that the first Declaration... Read More
Political |