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Author Topic:   Should we let Bill Frist & Co. change the rules of the senate ?
crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 4 of 256 (209529)
05-18-2005 10:59 PM
Reply to: Message 3 by paisano
05-18-2005 10:41 PM


I don't see how abolishing the filibuster is an end run around the Constitution.
The Constitution says that the President may only appoint judges with the consent and advice of the Senate. If they eliminate the filibuster then they're failing their constitutional duty to debate justices. That's what a filibuster is, after all - debate.
It's contrary to the spirit of the Constitution, as well. The Senate isn't supposed to be a revolving door for the Executive branch. Separation of powers, hello? (Moreover it violates the separation of powers because the person who is going to wind up passing this as a "point of order" is the chairman pro tempore of the Senate; in other words, Dick Cheney.)
Finally it's contrary to established Senate procedures, and may not even be legal. The Senate has to approve these sorts of proceedural changes at the start of the session, not during. Also it requires, as far as I'm aware, a supermajority to do so.
Just think, if the Democrats regained a 51-49 advantage, what goes around would come around.
Except that it didn't. That's the big difference between Republicans and Democrats. Republicans invent dirty tricks, and then, when the Democrats try to turn the tables, here they come with the whining. Don't you Republicans ever stop whining?

This message is a reply to:
 Message 3 by paisano, posted 05-18-2005 10:41 PM paisano has replied

Replies to this message:
 Message 5 by paisano, posted 05-18-2005 11:33 PM crashfrog has replied
 Message 7 by arachnophilia, posted 05-19-2005 3:04 PM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 6 of 256 (209540)
05-19-2005 12:09 AM
Reply to: Message 5 by paisano
05-18-2005 11:33 PM


If a supermajority is Constitutionally mandated, please cite article or amendment.
I didn't say it was, nor did Senate Democrats. That's not what's being proposed; that's not even on the table.
But the Constitution does mandate that the Senate debate and advice in regards to judicial appointments; thus, elimination of filibuster in this situation is contrary to the wording and spirit of the Constitution.
FAIK, the filibuster is a long-standing tradition and is codified in current Senate rules - but is subject to change.
Indeed - at the beginning of the session, with a two-thirds vote. According to established proceedure, anyway. (The Senate does get to determine it's own rules, including the rules about how it gets to change its rules.)
Would that be penumbra 157, emanation 14 ?
Hey, look, if you can't read the founding document of our country, that's not really my problem.
There is opportunity for debate in committee, and in a simple majority vote.
And the vote can occur as soon as the debating is over. So where's the problem? Frist wants to change the rules so that the debate is over when a simple majority says its over. That's contrary to over 200 years of Senate tradition. The Senate debates for as long as it takes. That's how the Senate works. And how Frist wants to show up and change all that?
Seriously, who is this guy to stand in the face of over 200 years of Senate procedure?
Did the Democrats think a filibuster was a wonderful tradition when Clinton was President, and a Republican Senate minority used it to block his appointees?
We sure as hell didn't whine about it. Do you know what Clinton and the Democrats did? They said "you know, maybe we need to be appointing people to these positions that everybody can get behind, not just us, particularly seeing as how they're likely to be filling them for a half-century or so, and we'll only be around for 8 years, tops."
In other words, the Democrats recognized that the privlege of filling the bench came with a responsibility to fill it with people who would judge from the finest tradition of a neutral judiciary. Clinton appointed judges that were moderate, and even then, the Republican congress shut down ten times as many nominees as the Dems are threatening to filibuster. But all of sudden Frist has his panties in a twist.
Don't you think it's Bush's responsibility to fill these seats with the best and the brightest, the people who can judge not according to party orthodoxy, but according to the best possibile legal reasoning? Don't you think he has a responsibility to appoint judges more qualified, by far, than the ten guys currently the source of the debate? Do you think that repeated overturns by superior courts citing blatant legal mistakes qualifies a judge for a federal bench? I sure don't, but apparently, Bush disagrees.
No whining here.
That's all you ever do in these politics threads. Whine your head off about how the party with control of three branches of government still can't get its destructive, anti-American way.

This message is a reply to:
 Message 5 by paisano, posted 05-18-2005 11:33 PM paisano has not replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 9 of 256 (209795)
05-19-2005 8:59 PM
Reply to: Message 7 by arachnophilia
05-19-2005 3:04 PM


no, actually, it's not.
filibustering a bill is killing time
Says you. How shall we define "debate"? I say it's just people talking. The problem is, the Senate rules don't define "debate". They simply allow people to talk.
the point is to distract and stop actual decision and debate of real content from occuring.
Suppose, for a moment, that one party controlled, with simple majorities, both Houses of Congress and the legislature. If bills can simply be brought to a vote, pre-empting any delay, what debate occurs? The majority party isn't going to be swayed by the arguments of the opposition; they're not even going to allow them the chance to speak.
On the other hand, the filibuster ensures that debate can't be steamrolled over without a supermajority. It ensures that the party with the slight majority will still have to compromise with the minority party.
Filibuster isn't debate? Sounds to me like the filibuster makes sure we have a lot more debate than we would otherwise.

This message is a reply to:
 Message 7 by arachnophilia, posted 05-19-2005 3:04 PM arachnophilia has replied

Replies to this message:
 Message 10 by arachnophilia, posted 05-19-2005 9:10 PM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 11 of 256 (209808)
05-19-2005 9:15 PM
Reply to: Message 10 by arachnophilia
05-19-2005 9:10 PM


but the point of filibustering is not to debate, but to stall.
Uh-huh. And what do you think occurs while that stalling is going on?
Or do you think the Senate floor is the only place that politicians are allowed to talk to each other?

This message is a reply to:
 Message 10 by arachnophilia, posted 05-19-2005 9:10 PM arachnophilia has replied

Replies to this message:
 Message 12 by arachnophilia, posted 05-19-2005 9:19 PM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 13 of 256 (209816)
05-19-2005 9:34 PM
Reply to: Message 12 by arachnophilia
05-19-2005 9:19 PM


Are you interested in seriously discussing this, or just in wasting my time? I guess I'd like to know. Otherwise your flippant dismissal makes it pretty clear you've at least understood my points, and that you have no rebuttal.

This message is a reply to:
 Message 12 by arachnophilia, posted 05-19-2005 9:19 PM arachnophilia has replied

Replies to this message:
 Message 15 by arachnophilia, posted 05-19-2005 11:46 PM crashfrog has not replied
 Message 16 by Phat, posted 05-20-2005 8:04 AM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 40 of 256 (210712)
05-23-2005 5:41 PM
Reply to: Message 16 by Phat
05-20-2005 8:04 AM


A simple up or down vote is all that is needed, traditionally
To the contrary; traditionally a president would not even offer a candidate who did not have the support of a supermajority in the Senate.
A simple majority is neither mandated by the Constitution nor the traditional practice; what the Constitution does specifiy is that the Senate has the power to set its own procedures, and Frist's attempt to eliminate the filibuster flies in the face of those procedures, and is thus unconstitutional.

This message is a reply to:
 Message 16 by Phat, posted 05-20-2005 8:04 AM Phat has not replied

Replies to this message:
 Message 71 by arachnophilia, posted 05-25-2005 3:46 PM crashfrog has not replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 41 of 256 (210716)
05-23-2005 6:04 PM
Reply to: Message 33 by Tal
05-23-2005 2:02 PM


Anyone with a basic knowledge of civics knows that the filibuster has NOTHING TO DO with checks and balances.
In regards to the judicial filibuster, the specific procedure under consideration, this is absolutely false.
Checks and balances has to do with each branch checking on the other 2 branches
Right. In this case, this is a check on the judiciary.
except of course for the judicairy, who is above being checked and balanced
Um, no, that's what the judicial filibuster represents - a check on the judiciary.

This message is a reply to:
 Message 33 by Tal, posted 05-23-2005 2:02 PM Tal has not replied

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crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 91 of 256 (211322)
05-25-2005 9:39 PM
Reply to: Message 81 by Alexander
05-25-2005 5:17 PM


I know this is a few posts back, but can someone tell me definitively what the process is for amending the constitution?
It's actually in the Constitution (Article 5):
quote:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

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crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 122 of 256 (211750)
05-27-2005 8:14 AM


As if there remained any doubt we live in a nascent theocracy:
quote:
Judge: Parents can't teach pagan beliefs
Father appeals order in divorce decree that prevents couple from exposing son to Wicca.
The Indianapolis Star
Oh, no. We don't live in a theocracy at all do we now?

Replies to this message:
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 Message 124 by Monk, posted 05-27-2005 10:08 AM crashfrog has replied
 Message 143 by MangyTiger, posted 05-27-2005 6:58 PM crashfrog has not replied
 Message 159 by Phat, posted 05-28-2005 9:15 AM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 144 of 256 (211969)
05-27-2005 7:01 PM
Reply to: Message 124 by Monk
05-27-2005 10:08 AM


As if there remained any doubt that secularist want to rub out religion:
I'm sorry, did I miss something in your story? I read it and I didn't see where the students right to private freedom of worship was infringed; what I did see was the rights of students not to have to sit through a religious worship that they didn't chose to attend.
Nobody has the right to force others to waste their time in worship of somebody else's God, right? Or maybe that's not a right you theocrats recognize.

This message is a reply to:
 Message 124 by Monk, posted 05-27-2005 10:08 AM Monk has replied

Replies to this message:
 Message 146 by Monk, posted 05-27-2005 7:42 PM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 148 of 256 (211988)
05-27-2005 8:23 PM
Reply to: Message 132 by Monk
05-27-2005 2:53 PM


I realize crash was just being cynical with his theocracy comment
No, not in the least. I genuinely believe that a large and powerful segment of society believes that Christianity is the only allowed and mandatory religion, and that they've gained enough political power to put that belief into limited, local practice.
Nothing cynical about it. Judges are telling parents what religion they can pass on to their children. Legislatures are turning the precepts of the Bible into the laws that everyone has to follow. I question the judgement of anyone who doesn't see the theocratic tendancies in that.
Doesn't the singer have a right to select the song of her choice, isn't it her right of free speech?
At any venue where persons attend voluntarily, certainly.

This message is a reply to:
 Message 132 by Monk, posted 05-27-2005 2:53 PM Monk has replied

Replies to this message:
 Message 150 by Monk, posted 05-27-2005 8:30 PM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 149 of 256 (211989)
05-27-2005 8:24 PM
Reply to: Message 146 by Monk
05-27-2005 7:42 PM


Does singing a song force the listener to worship someone else's God?
Can't you worship God by simple attendance and attention? My church told me I could. Do you disagree?
Shouldn't both be either banned or both allowed?
How come you don't see a difference between "I believe in God" and "let's all worship our God"?

This message is a reply to:
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crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 151 of 256 (211994)
05-27-2005 8:43 PM
Reply to: Message 150 by Monk
05-27-2005 8:30 PM


I'm no lawyer. But I do believe that a captive audience has the right not to have to sit through, and by extension, participate in, even the briefest religious ritual.

This message is a reply to:
 Message 150 by Monk, posted 05-27-2005 8:30 PM Monk has replied

Replies to this message:
 Message 152 by Monk, posted 05-27-2005 8:58 PM crashfrog has replied
 Message 160 by Phat, posted 05-28-2005 9:22 AM crashfrog has replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 154 of 256 (212009)
05-27-2005 9:39 PM
Reply to: Message 152 by Monk
05-27-2005 8:58 PM


I wouldn't call a Celine Deion song a religious ritual
Oh? Singing religious songs isn't a typical feature of Christian worship services?
and the student speakers do have the right to voice their religious views at this event.
That's not what was voiced.
Attending the graduation ceremony is not mandatory towards receiving a diploma, so if students were informed ahead of time that it was possible a speaker or singer might say "God" in their discourse, then those students have the freedom not to attend.
Were they warned that religious songs would be sung?

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Replies to this message:
 Message 155 by crashfrog, posted 05-27-2005 9:52 PM crashfrog has not replied

crashfrog
Member (Idle past 1762 days)
Posts: 19762
From: Silver Spring, MD
Joined: 03-20-2003


Message 155 of 256 (212011)
05-27-2005 9:52 PM
Reply to: Message 154 by crashfrog
05-27-2005 9:39 PM


I can't believe we're even having this discussion. Obviously this graduation ceremony decision derives from a considerable body of precident disallowing religious speech at official public school events, beyond the barest of personal religious assertions (i.e. "I am a Christian".)
From what precident did the anti-Pagan decision stem? That's the danger of the Republicans - while claiming to be the party of tradition and values, there's absolutely no tradition or value they won't abandon the second that it necessitates the inconvinient or undesired action.

This message is a reply to:
 Message 154 by crashfrog, posted 05-27-2005 9:39 PM crashfrog has not replied

Replies to this message:
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