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View Diary: Is the Senate GOP instigating a constitutional crisis over the CFPB? (114 comments)

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  •  I diaried about this topic recently. Glad to see (7+ / 0-)

    the word is spreading.   Sen. Richard Shelby, the ranking minority member of the Senate Banking Committee and others blundered badly. It isn't business as usual to:
    1) refuse the "advice and consent" responsibility that the Constitution placed with the Senate; and
    2) prevent the majority party in the Senate from fulfilling its "advice and consent" duty.  
    In fact, Sen. Sherrod Brown's statement in the Congressional Record says that the Senate historian has verified that the GOP's action is without precedent.  

    This matter has been percolating for 18 months.  Now that the election is over, the inauguration is done, and the DC Circuit ruled negatively, it's time to press on.  Legal experts have been looking at this for more than a year.  "Advice and consent" is an important check and balance on the power of the executive branch.  The Republicans are trying to use it in ways that were not intended:
    1) as a kind of pocket veto of the President's nominee; and
    2) as leverage or coercion to replace legislation passed in 2010 with 237 votes in the House and 60 filibuster-proof votes in the Senate.

    The Constitution provides legitimate avenues for the Republicans to advance their agenda but they don't have the votes in Congress to succeed.   Extortion isn't a fallback procedure in a democracy.  

    "Democracy is a life; and involves continual struggle." ---'Fighting Bob' LaFollette

    by leftreborn on Mon Feb 04, 2013 at 01:42:15 PM PST

    •  It doesn't say how. (0+ / 0-)

      The constitution doesn't say how the Senate shall give its consent. It could be by unaninous consent by Senate rule.

      As screwed up as this is, I don't see how it's either unconsistutional or illegal.  It may just be that our consitution works only with a loyal opposition, but not ith a disloyal one.

      Hay hombres que luchan un dia, y son buenos Hay otros que luchan un año, y son mejores Hay quienes luchan muchos años, y son muy buenos. Pero hay los que luchan toda la vida. Esos son los imprescendibles.

      by Mindful Nature on Mon Feb 04, 2013 at 03:39:35 PM PST

      [ Parent ]

      •  Your sig and my sig have something in common. (0+ / 0-)

        Thomas Jefferson wrote that the government created for the United States by his contemporaries wouldn't last for more than a few generations because people would forget what it was all about.  Our system depends on engaged citizens and active participation.   He was right that people would forget but it lasted longer than he thought.  

        The Senate does have rules but nothing requires unanimous consent.  A simple majority was customary for the President's nominees to appointed positions, except for the rare instance when the minority party used its privilege to require 2/3 which has been changed to 3/5 or 60 votes.  

        From 1921 to 1973 the privilege was used a total of 10 times.  In those 52 years, the stock market crashed and there was a Great Depression followed by New Deal legislation that created Social Security and the WPA, there was World War 2, the Korean War, and the Vietnam War, the atom bomb was created, Civil Rights and Voting Rights laws were passed, and a government program sent a man to the moon.  With all of that, there were only 10 occasions when simple majority rule was extended to require extra votes.  

        Now it happens 50, 60, 70 times in a year and if it was done for the sake of democracy it would be defensible.  
        The worst thing a citizen can do is to shrug it off as the system is used against the people.

        All of that isn't even the point.  The illegality is in setting a precondition, a demand that must be met, before the Republicans will allow the confirmation hearing to go forward.

        "Democracy is a life; and involves continual struggle." ---'Fighting Bob' LaFollette

        by leftreborn on Mon Feb 04, 2013 at 05:40:53 PM PST

        [ Parent ]

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