Skip to main content

View Diary: Warren, Brown, Reed demand majority vote on Cordray nomination (40 comments)

Comment Preferences

  •  Time for a court case (5+ / 0-)

    The filibuster is unconstitutional.  It violates the majority vote rule as set down in Article I.

    Of course, is there a fifth vote on the Supreme Court to actually defend the Constitution?

    •  To anwer your question - NO (1+ / 0-)
      Recommended by:
      Wednesday Bizzare

      "We have always known that heedless self-interest was bad morals, now we know that it is bad economics." Franklin Delano Roosevelt, Jan. 20, 1937

      by Navy Vet Terp on Wed Feb 13, 2013 at 04:22:04 PM PST

      [ Parent ]

    •  51 Senators could fix this at any time (5+ / 0-)

      there's no need for a court case.

      If 51 Senators vote to confirm, the nomination is approved.

      •  Ferg, Wrong, Thanks to Harry.... (0+ / 0-)

        And ONLY Harry..

        Takes a Democrat with a brain in charge of the Senate, and we don 't have that.

        McConnell is fillibustering, so it takes 60 to get a vote,

        Or 1 to hold and "We don't want to change the rules"

        Until Jan. 5 2015 when the Republicans do when they retake the majority.

    •  SCOTUS may well defer, as a "political question." (2+ / 0-)
      Recommended by:
      judyms9, WillR

      The Courts have held - some of them, some of the time - that they would not interfere with the workings of governance the Constitution entrusts solely to one branch of government (subject to larger Constitutional questions of rights and power).

      Application of this doctrine is discretionary with the courts, a matter of judicial restraint rather than a hard core black-and-white question of jurisdiction. (Armando, Kos's expert on the political question doctrine, would describe it better and may come out differently.)

      I cannot think of an issue more suitable for judicial deference than the procedure one house of Congress has chosen to apply to itself ... especially where leaders of both parties have agreed to keep it on the books.

      Sorry reformers, but Harry needs to do this, or step down in favor of a Democrat who will. Hopefully, well before we again become the minority in the Senate.

      2014 IS COMING. Build up the Senate. Win back the House : 17 seats. Plus!

      by TRPChicago on Wed Feb 13, 2013 at 04:26:01 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site