May 25, 2005

Judicial Nominations

I haven't weighed in on the issue surrounding judicial nominations and filibusters, but I will point out someone who is right on the issue and has been passionately pushing his stance ever since he started blogging.

John Jay Hooker says that Sen. Frist has the right and the duty to make sure every judicial nominee gets an "up or down vote." The only thing is, the so called "nuclear option" isn't even necessary to get it done.

Says Hooker:

It is preposterous that the current members of the United States Senate and all of their predecessors for more than 200 years haven’t been able to read the Constitution and do what it says. Article II, Section 2, Paragraph 2, of the Constitution gives the President of the United States the exclusive power to nominate all Federal judges and the exclusive power to appoint them subject to confirmation of these judges by a majority vote of those who wish to advise and consent in the Senate.

The Senate has the right to make its own rules under Article I, Section 5, of the Constitution, but it does not have the right to make a rule, i.e., Senate Rule XXII, permitting filibusters and requiring a super majority of three-fifths to stop a filibuster before the Senate can proceed to an up or down vote on each judge. It is obvious to anyone who can read that Senate Rule XXII is in direct conflict with Article II, Section 2, Paragraph 2, and, accordingly, is unconstitutional as it violates the fundamental law.

You should read his entire post. It's very informative.

For questions dealing with the Constitution, I will always go to the guy that carries around a copy of the Constitution in his pocket and doesn't mind pulling it out in the middle of a gay bar to read it aloud (scroll down).

On the other hand, expecting Congress to comprehend and follow what the Constitution mandates is like...well...expecting State Sen. John Ford to stay out of trouble.

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