George W. Bush judicial appointment controversies

Why Americans Hate Washington Incumbents

by Bill O'Connell on February 27, 2010

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This week we had President Obama hosting a seven hour talkathon on his stalled healthcare initiative.  His purpose was to show his reasonableness and willingness to listen to Republicans.  Republicans took the position that the Democrats couldn’t pass their bill despite having large majorities in both houses of Congress, so why not start over and be truly bipartisan?  Doing so might actually produce some bipartisan legislation.

But this was not about bipartisanship it was about a performance.  If the Republicans didn’t subscribe to the Democrats definition of bipartisanship (see previous post), then the Democrats would jam it through using  a highly controversial technique.  Although 60% of Americans oppose the healthcare plan, President Obama will ignore the will of the people because, “a majority vote makes sense.” (See video: Obama Defends Reconciliation: A majority vote makes sense).  He is referring to the Republicans using the filibuster in the Senate to block the legislation.

That was Then, This is Now

But it wasn’t too long ago when Republicans objected to Democrats stonewalling President Bush’s judicial nominees.  Republicans threatened to change the rules so that judicial nominees could not be filibustered.   Now tradition holds that a President generally gets approval on his judicial nominees unless they are unqualified, even if you disagree with their judicial philosophy.  For example, Ruth Bader Ginsburg clearly votes with the liberal bloc of the Supreme Court with regularity.  The Senate confirmed her 96-3.  Stephen Breyer, another solid liberal won confirmation 87-9.  President Obama, the great uniter, while a member of the Senate voted against both John Roberts and Samuel Alito.  So much for bipartisanship.  So when the Republicans talked about changing the rules for confirming judges, not nationalizing 1/6 of the U.S. economy, Democrats had a very different view.  (See video:  “Nuclear Option” is Arrogant Power Grab Against the Founders Intent).  Could there be a greater hypocricy?  Biden: “”I pray God when the Democrats take back control we don’t make the kind of naked power grab you are doing.”  Joe Biden, call your priest.

Americans are Disgusted

Americans are rightly fed up with Washington incumbents who are only interested in increasing the scope of their power and getting themselves re-elected.  Their pompous arrogance borders on nauseating.  They should all be voted out.

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The Senate is Broken, Or Is It?

by Bill O'Connell on February 21, 2010

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You hear a lot of talk these days about the Senate being broken because nothing can get passed with a majority vote.  Everything has to get sixty votes to pass and that’s just un-American.  Is it? 

The House of Representatives

The Founding Fathers were brilliant in designing the government that has survived longer than any other, and it wasn’t an accident.  The House of Representatives was designed to be the branch of government closest to the people.  The members come from districts that are sized based on population.  It is also in the House of Representatives that all revenue bills (i.e., tax increases) must originate.  The Senate cannot create legislation to raise taxes. 

The Senate

 The Senate was designed with a different purpose in mind.  In the form of federalism that they created, the Senate was supposed to represent the individual states.  Originally Senators were appointed by the state legislatures and this continued until the ratification of the Seventeenth Amendment in 1913, which provided for the direct election of Senators by the people.  The Senate was designed to be a check on the tyranny of the majority.  In the House, populous states like New York, California, Texas and Florida, have a lot of representation.  To prevent a handful of states from pushing around everyone else, representation in the Senate is the same for Rhode Island as it is for California, two each.  In the House, California trumps Rhode Island.  In the Senate they do not.  Are you picking up the theme?

 The Dreaded Filibuster

Being able to filibuster in the Senate is another way of allowing cooler heads to prevail.  If legislation before the Senate cannot win over some reasonable number of Senators, then it’s probably not a very good idea for the country.

 As proof that things are more partisan today, pundits point to how the number of filibusters has greatly increased over time. 

 In the entire 19th century, including the struggle against slavery, fewer than two dozen filibusters were mounted. 

 It is reported that things really took off during the Clinton administration.  Hmm, what else was going on then… Hillary Care?  We have also seen the out of control growth of the federal government’s involvement in almost every aspect of our lives, such as, how much we can be paid, how much a bushel of wheat should cost, how schools are funded; none of which is in the Constitution as powers the federal government should have.  Those are all things that, according to the 10th Amendment, are the purview of the states or the people.

 The Filibuster Fix

So if you don’t like the way the Senate is bogged down, instead of taking the brakes off the car, how about dumping the junk in the trunk?  The less minutia the federal government gets involved in (let’s start with health care), the less reason, reasonable Senators will have to filibuster.

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