:: blame the extended gestation.... ::

:: Wednesday, December 24, 2003 ::

Eschaton:

"George will debates himself about the meaning of the constitution:


In 1993:

The Constitution provides only that, other than in the five cases, a simple majority vote shall decide the disposition by each house of business that has consequences beyond each house, such as passing legislation or confirming executive or judicial nominees. Procedural rules internal to each house are another matter. And the generation that wrote and ratified the Constitution - the generation whose actions are considered particularly illuminating concerning the meaning and spirit of the Constitution - set the Senate's permissive tradition regarding extended debate. There was something very like a filibuster in the First Congress.

Ten Years Later:

The president, preoccupied with regime change elsewhere, will occupy a substantially diminished presidency unless he defeats the current attempt to alter the constitutional regime here. If at least 41 Senate Democrats succeed in blocking a vote on the confirmation of Miguel Estrada to the U.S. Court of Appeals for the D.C. Circuit, the Constitution effectively will be amended.

If Senate rules, exploited by an anti-constitutional minority, are allowed to trump the Constitution's text and two centuries of practice, the Senate's power to consent to judicial nominations will have become a Senate right to require a 60-vote supermajority for confirmations. By thus nullifying the president's power to shape the judiciary, the Democratic Party will wield a presidential power without having won a presidential election."

:: Jim Nichols 12/24/2003 04:47:00 AM [+] ::
...