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View Diary: Sen. Udall Says He Has 51 Votes for Filibuster Reform (170 comments)

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  •  Nuclear Option Completely Different Bush era Plan (21+ / 0-)

    It is not the least bit accurate to refer to this as the nuclear option. This is merely the Senate adopting its rules for the beginning of the new Congress based upon a majority rule, clearly in keeping with the Constitution.  No Congress is bound by the rules of the previous Congress, so therefore no rules exist when a new Congress convenes for the first time.

    The Nuclear Option was a tactic floated by Frist. It would occur during mid-session, obliterating the standing rules by using a simple majority rules. It clearly was not allowable under the rules. Its  success was dependent upon the Judicial System's presumed reluctance to wade into the rules governing a Legislative body which is granted the sole power to define their own rules.

    The plan called for a Republican to call for an end to debate on a Judicial nominee. The Proceeding Officer (Cheney, because at this time the Senate was split 50/50) would then rule that debate would end. Democrats would protest since this is clearly against the rules which require a super majority to end debate. Cheney would then table the protest and end debate. The vote would then take place and a simple Majority would rule.

    •  We should remember, though (2+ / 0-)
      Recommended by:
      ontheleftcoast, elwior

      that the constitution itself was adopted in clear violation of the Articles of Confederation, so there's a case to be made that the constitution itself isn't constitutional. Or, Articles of Confederational.

      "Liberty without virtue would be no blessing to us" - Benjamin Rush, 1777

      by kovie on Thu Jan 03, 2013 at 08:16:14 PM PST

      [ Parent ]

      •  Not quite true (6+ / 0-)

        Article XIII of the Articles of Confederation and Perpetual Union stated that

        ...the articles of this confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration is agreed to in a Congress of the United States, and be afterwards approved by the legislatures of every State.
        The Congress created the Constitution and the states ratified it. There is some quibbling about whether the protocol waiting for the last state to adopt the new Constitution. But the Confederational scholars of the time (remember, they had the folks who wrote the dang thing still there) decided differently
        On September 13, 1788, it published an announcement that the new Constitution had been ratified by the necessary nine states, set the first Wednesday in February 1789 for the presidential electors to meet and select a new president, and set the first Wednesday of March 1789 as the day the new government would take over and the government under the Articles of Confederation would come to an end.

        What's wrong with America? I'll tell you. Everything Romney said was pre-chewed wads of cud from Republicans from the last 30 years and yet he managed thru a combination of racism and selling the (false) hope of riches to get 47% of the national vote.

        by ontheleftcoast on Thu Jan 03, 2013 at 08:58:17 PM PST

        [ Parent ]

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