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#1 | ||
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College Starter
Join Date: Jan 2004
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GOP set to push nuclear button on Judges
Dawgfan, this headline ok? Don't want to give anybody 'unnecessary jitters' or anything.
Fox news reporting that GOP will go ahead with changing the filibuster rules tomorrow at 9am if I heard correctly. Democratic response by Reid was if that happens, Dems will 'shut down congress." Anybody care? |
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#2 |
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Registered User
Join Date: Nov 2001
Location: Here
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Strom Thurmond would be proud.
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#3 |
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Head Coach
Join Date: Dec 2001
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no
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"Don't you have homes?" -- Judge Smales |
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#4 |
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Pro Starter
Join Date: Oct 2000
Location: Cary, NC
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Yes. Shutting down Congress is what the public has been asking for for a LONG time. I might even vote Democrat in the next election if they promise to sit around and do nothing for 4 years
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-- Greg -- Author of various FOF utilities |
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#5 |
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Hall Of Famer
Join Date: Oct 2002
Location: Massachusetts
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personally I guess I'm looking forward to this. The republicans did it during the Newt years, and if the Dems can do it and can get public opinion on their side (which IMO they ought to be able to do...or at least the opinion of the educated people who realize that the filibuster is a time-honored and important part of the American political landscape), then it could prove very harmful to the Republicans. Not to mention the fact that it increases the enmity between the sides in Congress, which honestly is always a little bit amusing to watch.
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#6 |
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Coordinator
Join Date: Apr 2005
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What exactly is filibuster?
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#7 |
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Grey Dog Software
Join Date: Nov 2000
Location: Phoenix, AZ by way of Belleville, IL
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I think most people that can be swayed will just roll their eyes at both sides on this. Count me as one enjoying the government shutdown and seeing how all this plays out.
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#8 |
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College Starter
Join Date: Jan 2004
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Oops...off to spelling police jail I go again...
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#9 |
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High School JV
Join Date: Dec 2000
Location: Baltimore, Maryland
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Eh.. Republicans whining about the same thing that they pull when it's a democrat as president and a democrat controlled congress. I hope the public demands that the republicans step down and shut up.
__________________
"It can't rain all the time"-The Crow Last edited by RainRaven : 05-17-2005 at 03:33 PM. |
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#10 | |
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Coordinator
Join Date: Sep 2004
Location: Chicagoland
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Quote:
http://www.google.com/search?hl=en&l...ine:Filibuster I think it's outrageously short-sighted by the Republicans. Should the Democrats ever regain the Senate, the Republicans will just have shot themselves in the foot. |
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#11 | |
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College Benchwarmer
Join Date: Jan 2005
Location: Springfield, USA
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Quote:
Much of what the Republicans have done in the last few years have "shot themselves in the foot" once they are out of power. I really don't think they believe they ever will be. Last edited by HomerJSimpson : 05-17-2005 at 04:52 PM. |
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#12 | |
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Torchbearer
Join Date: Sep 2001
Location: On Lake Harriet
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Quote:
As I understand it, debate on one of the judges up for confirmation will begin tomorrow. If they are not able to get an up or down vote by early next week, then the Republicans would move forward with the rule changes. |
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#13 |
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Hall Of Famer
Join Date: Dec 2003
Location: the yo'
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I think its pretty lame you cant get an up or down vote on a judicial appointment. But I also think the whole "tyranny of the majority" bullshit is gonna eff the republicans hard some day, and a lot sooner than people think.
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#14 | |
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College Prospect
Join Date: Nov 2003
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As if they wouldn't do it anyways ![]() |
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#15 | |
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College Benchwarmer
Join Date: Feb 2001
Location: Portland, OR
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Quote:
Its funny when you read it as if the aliens are republicans and the marines are democrates. Make Hudson be John kerry |
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#16 |
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Hall Of Famer
Join Date: Nov 2002
Location: Newburgh, NY
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The Repubs may yet win, but if they haven't forced a vote yet its because they aren't sure they have the votes. If they could have won they would have done this weeks ago.
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#17 |
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lolzcat
Join Date: Oct 2000
Location: Annapolis, Md
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Honestly, I think those who are forecasting "doom and gloom" for the GOP on this are overestimating the public's ability to understand this. I think the GOP strategists are absolutely correct when they suspect that the phrase "up or down vote" will, as usual, hold more water with Jonh and Jane Purplestate than will the 200-word response they hear from John Kerry or Harry Reid about the sanctity of the minority voice and the tyranny of the majority.
I think this eventually plays well for the Republicans... but betting on them on battles of ideology has been a safe bet for some time now. Just look how many blue collar types say they support getting rid of the "death tax." |
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#18 | |
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Torchbearer
Join Date: Sep 2001
Location: On Lake Harriet
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Quote:
It's funny because it's true. |
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#19 |
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Grizzled Veteran
Join Date: Oct 2000
Location: Seattle
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More like "It's sad and disturbing because it's true"...
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#20 | |
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Coordinator
Join Date: Apr 2001
Location: Early, TX
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Quote:
You could exchange the word "Republican" with "Democrat" and you'd still sound like a moron. Party-liners will be the fall of democracy. Mark my words.
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Just beat the devil out of it!!! - Bob Ross |
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#21 |
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Mascot
Join Date: Jun 2004
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"Extremist power grab" is as short as "up or down vote". Fear always plays better than principle, Republicans have taught us that at least. The Republicans were spectacularly wrong regarding the public's reaction over the Schiavo case and the Nuclear option is even less popular. For me this is a win-win ... the extremist elements of the Republican party will look foolish and the Senate grinds to a halt.
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#22 |
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Grizzled Veteran
Join Date: Sep 2003
Location: Fresno, CA
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Those saying that the Republicans are doing the "same thing" are wrong. Yes the Republicans have done everything they could historically to prevent Democratic Nominees from being approved. Often not even because of differences in ideology. Often just because the nominee was a Democrat. This was pretty much a two way street. The Dems have historically done the same. Previously the minority party could bounce a nominee automatically just by having a Senator hold office in the Judge's home state. Almost all of of the stifling of nominees was done in the committee process, not once the nomination was brought up for a vote before the whole Senate.
The difference now is that the Dems are doing something relatively unprecedented. As I understand it prior to 2000, the number of times either party had filibustered or even planned to filibuster can be counted on one hand, possibly with an additional finger or two on the second hand. I don't see this as tyrrany of the majority, I see the Dems selecting a few judges that they claim are "out of the mainstream" of America. I really haven't seen any evidence of this. At least not evidence that has stood up to minor scrutiny. The female Judge from Texas, her name escapes me, has been held out as an opponent to abortion rights. The record is that the only times she has opposed "abortion" was in rulings upholding the law requiring minors needed parental consent before the procedure. She didn't even always find against the minor seeking an abortion. If the Democratic leadership thinks that the "American Mainstream" doesn't think minors should have parental permission before having an abortion, then I think they are doomed for the near future. It boils down to the Democrats disagreeing not with the competency of a nominee, but with the nominee's politics. I don't think that is a reasonable litmus test for a judge. I felt the same way when the Republicans were stifling Clinton's choices. I said that it would come back and bite them, of course when I said that, I thought it would be when the Dems won back the Senate. |
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#23 | |
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Grizzled Veteran
Join Date: Sep 2003
Location: Fresno, CA
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had to add a dola
Dola,
Quote:
Last edited by Glengoyne : 05-17-2005 at 07:31 PM. |
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#24 |
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Grizzled Veteran
Join Date: Sep 2003
Location: Fresno, CA
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double dola,
Oh and QS I hate the "death tax"...I have no chance to inherit a million dollars from someone, but I'm seriously opposed to applying taxes on money that has already been taxed and then saved. The Government doesn't have any right to that money, it already got its share. Last edited by Glengoyne : 05-17-2005 at 07:32 PM. |
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#25 | |
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College Starter
Join Date: Oct 2000
Location: Berkeley
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Quote:
Unfortunately those seem too be two completely disparate things right now with the latter pretty much outnumbered. |
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#26 | |
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Torchbearer
Join Date: Sep 2001
Location: On Lake Harriet
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Quote:
But, Glen, why are they doing something unprecedented? Could it be because other avenues previously used to defeat appointments have been taken awayfrom them? Sure the spoils may go to the victor, but in a sense, isn't that exactly what the concept of preventing the tyranny of the majority is all about? |
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#27 | |
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Torchbearer
Join Date: Sep 2001
Location: On Lake Harriet
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Fair enough, but I was just trying to quote the Simpson's. |
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#28 |
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Head Coach
Join Date: Jul 2001
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Any reports of this on the net anywhere? It's not on the main CNN/Fox sites at the moment.
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#29 |
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Hall Of Famer
Join Date: Nov 2002
Location: Newburgh, NY
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From an article by American Enterprise Institute fellow Norman Ornstein:
Let us put aside for now the puerile arguments over whether judicial filibusters are unprecedented: They clearly, flatly, are not. Instead, let's look at the means used to achieve the goal of altering Senate procedures to block filibusters on judicial nominations. Without getting into the parliamentary minutiae--the options are dizzying, including whether points of order are "nested"--one reality is clear. To get to a point where the Senate decides by majority that judicial filibusters are dilatory and/or unconstitutional, the Senate will have to do something it has never done before. Richard Beth of the Congressional Research Service, in a detailed report on the options for changing Senate procedures, refers to it with typical understatement as "an extraordinary proceeding at variance with established procedure." To make this happen, the Senate will have to get around the clear rules and precedents, set and regularly reaffirmed over 200 years, that allow debate on questions of constitutional interpretation--debate which itself can be filibustered. It will have to do this in a peremptory fashion, ignoring or overruling the Parliamentarian. And it will establish, beyond question, a new precedent. Namely, that whatever the Senate rules say -- regardless of the view held since the Senate's beginnings that it is a continuing body with continuing rules and precedents -- they can be ignored or reversed at any given moment on the whim of the current majority. There have been times in the past when Senate leaders and presidents have been frustrated by inaction in the Senate and have contemplated action like this. Each time, the leaders and presidents drew back from the precipice. They knew that the short-term gain of breaking minority obstruction would come at the price of enormous long-term damage -- turning a deliberative process into something akin to government by the Queen of Hearts in "Alice in Wonderland." Rule XXII is clear about extended debate and cloture requirements, both for changing Senate rules (two-thirds required) and any other action by the Senate, nominations or legislation (60 Senators required). Ignored in this argument has been Senate Rule XXXI, which makes clear that there is neither guarantee nor expectation that nominations made by the president get an up-or-down vote, or indeed any action at all. It reads: "Nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President." By invoking their self-described nuclear option without changing the rules, a Senate majority will effectively erase them. A new precedent will be in order--one making it easy and tempting to erase future filibusters on executive nominations and bills. Make no mistake about that. |
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#30 | |
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Pro Starter
Join Date: Jul 2003
Location: South Bend, IN
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Quote:
__________________
Hattrick - Brays Bayou FC (70854) / USA III.4 Hockey Arena - Houston Aeros / USA II.1 Thanks to my FOFC Hattrick supporters - Blackout, Brillig, kingfc22, RPI-fan, Rich1033, antbacker, One_to7, ur_land, KevinNU7, and TonyR (PM me if you support me and I've missed you) |
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#31 |
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Hall Of Famer
Join Date: Nov 2002
Location: Newburgh, NY
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Glen: Apologies for threadjacking, but do you also support an end to the sales tax and to the tax on Social Security income and to tariffs and to flat fees and to property tax and to state tax and locality tax? Afterall all this income has been taxed already.
This comes to a point that I have been longing to make. We can't look at any tax individually. We have to look at all the taxes and all the government expenses. Since I think we can agree that this group of Repubs isn't about to cut spending in any meaningful way, we have to tax in various forms to pay the bill. (well as least part of the bill) What tax would you increase to make up for the loss of inheritance tax? Wat tax is "more just"? |
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#32 | |
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Grizzled Veteran
Join Date: Sep 2003
Location: Fresno, CA
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Quote:
Well yes, they did get rid of the Green Slip or Blue Slip rule(which ever of those it was), and I'm not entirely opposed to that because it was an arbitrary measure. I really truly believe that the only, and I mean only measure of a judge should be their competency to apply the rules of law while on the bench. That should be it. It shouldn't matter if they are pro-choice or pro-death penalty or any other such thing. Their politics shouldn't matter. And again, I don't really think that nominating and appointing qualified judges to positions qualifies as Tyranny of the Majority. I do think that filibustering qualified judges to prevent their appointment is pretty much Tyranny of the minority. Now...Unilaterally changing the rules of the Senate...THAT is Tyranny of the majority. While I'm not happy with the Democrats tactics, and want the filibustering to stop. I'm not sure that the ends would justify the Republican's means. |
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#33 | |
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College Starter
Join Date: Dec 2004
Location: PA
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ignore the rules. That is the unprecedented thing in this whole affair, and a terrible precedent. It is tyranny by the majority, pure and simple. |
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#34 | |
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Torchbearer
Join Date: Sep 2001
Location: On Lake Harriet
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Quote:
Yup, that's exactly my point. |
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#35 |
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Mascot
Join Date: Nov 2003
Location: Washington, DC
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Up or down vote works for me, democracy being the worst form of government and all that.
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#36 | |
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College Starter
Join Date: Dec 2004
Location: PA
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Quote:
Two of the judges being filibustered are also not being filibustered for their politics, but because of the tactics used by the GOP to keep those seats from being filled by Clinton. |
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#37 | |
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College Starter
Join Date: Dec 2004
Location: PA
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#38 | |
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Mascot
Join Date: Nov 2003
Location: Washington, DC
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Quote:
One, the nuclear option applies solely to judicial filibusters. Two, a number of countries that have national healthcare programs have begun moving toward privatization (Great Britain for example) as it simply isn't all that efficient. And I guess three (cause isn't it always better to have three of something?), would everything be alright if the evil tyranny of the majority consisted of 60 republicans (the number needed for cloture and an up or down vote) instead of their current 55? This seems to be a big flaw if the Senate is really set up to allow minority parties to indefinitely delay action on pending decisions. |
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#39 | |||
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College Starter
Join Date: Dec 2004
Location: PA
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#40 | |
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Hall Of Famer
Join Date: Jan 2001
Location: Decatur, GA
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Though it's far more efficient than our system where 50% is spent on overhead.
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"A prayer for the wild at heart, kept in cages" -Tennessee Williams |
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#41 |
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Mascot
Join Date: Nov 2003
Location: Washington, DC
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They're currently looking at a compromise proposal that would send all but three of the nominees to the floor for a vote, and this looks to have Democratic approval. I guess the only thing I don't understand is how Reid can appeal for five "profiles in courage" from Republicans that will stand up to do what is right and vote down the nuclear option, but he doesn't believe that he could somehow convince those same five to simply vote down an "unqualified" judge in a vote. If Democrats are comfortable essentially with all but three of the nominees you would think they would be comfortable convincing a small minority of Republicans of why these three (of some two hundred previous nominations) are unworthy of being approved. Clearly these three have somehow heinously distinguished themselves and if there is any reasonable weight to Dems' arguments then a handful of Repubs will cross the aisle.
They'll compromise I'm sure, and Frist will look good almost no matter what happens. This is all the culmination of the last few years, with Hatch getting basically owned in committee, memogate, etc, and Dems finding a way to come off looking victimized at every turn. As a pretty neutral observer (I know it seems hard to believe from this thread) I can say that this is just as much Democrats' fault as it is Republicans. The Dems have outmaneuvered the GOP on judiciary stuff for the last few years and they haven't really taken the high road in doing it, so one good turn deserves another I guess. And as far as healthcare, I haven't been to a doctor in almost six years so the added taxes of a nationalized system don't really appeal to me. I recognize that might put me in a minority, and that I may one day be subject to the tyrannical forces of democracy. ![]() Last edited by Lucky Jim : 05-18-2005 at 12:27 AM. |
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#42 | |
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Grizzled Veteran
Join Date: Sep 2003
Location: Fresno, CA
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Quote:
I think we should blame QS for the thread jack. Just about any tax, in my opinion, is more "just" than the estate tax. Also Mr. Wednesday, I'm not opposed to physical dollars being taxed multiple times. That would be a fairly ridiculous thing to be opposed to. I'm opposed to an individual earning and saving enough wealth to be passed on to their family when they die. That individual accumulated that wealth over a lifetime of toil, and they paid their taxes on that wealth over that time. That money belongs to them and those they decide to leave it to. The Government already got its share. The rest is private property. Sometimes it isn't just cash a family has to pay. Sometimes a family has to sell off the very assett that earned the wealth being inherited. It is unreasonable to force heirs to sell off the business they have inheirited just to pay the inheiritance tax. Oh and one more thing...don't even begin to blame only the Republicans for the deficit. It isn't like the Democrats are working to tighten the Government's belt. Neither party is genuinely interested in solving that particular problem...they all have their own interests to protect. |
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#43 | |
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H.S. Freshman Team
Join Date: Nov 2004
Location: South Florida
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Watch "Mr. Smith Goes to Washington" with Jimmy Stewart. Unilike the House, the Senate rules don't set time limits on how long someone is allowed to speak. Once a Senator begins talking, he may talk as long as he pleases and may yield to fellow party members. They can read the dictionary, encyclopedia, a dusty law book, the Sunday newspaper, or this forum aloud. It's an effective tool, because you can stall controversial bills and confirmations. In the end, the Senate is likely to reach a compromise or vote against. Bush and many Republicans want to eliminate the filibuster for judicial nominations. Eliminating the filibuster would allow Bush to easily push his nominees (including those forthcoming for the Supreme Court) through to the bench. |
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#44 | |
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College Starter
Join Date: Dec 2004
Location: PA
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#45 | |
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College Starter
Join Date: Dec 2004
Location: PA
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#46 | |
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Pro Starter
Join Date: Jul 2003
Location: South Bend, IN
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__________________
Hattrick - Brays Bayou FC (70854) / USA III.4 Hockey Arena - Houston Aeros / USA II.1 Thanks to my FOFC Hattrick supporters - Blackout, Brillig, kingfc22, RPI-fan, Rich1033, antbacker, One_to7, ur_land, KevinNU7, and TonyR (PM me if you support me and I've missed you) |
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#47 | |
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Pro Starter
Join Date: Jul 2003
Location: South Bend, IN
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__________________
Hattrick - Brays Bayou FC (70854) / USA III.4 Hockey Arena - Houston Aeros / USA II.1 Thanks to my FOFC Hattrick supporters - Blackout, Brillig, kingfc22, RPI-fan, Rich1033, antbacker, One_to7, ur_land, KevinNU7, and TonyR (PM me if you support me and I've missed you) |
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#48 | |
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Hall Of Famer
Join Date: Apr 2002
Location: Back in Houston!
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Quote:
The other thing that really helps them is that before the GOP loses power, there will be a time when they are still in the majority but less powerful and at that point, they'll see the writing on the wall and turn it on the Democrats that the "time-honored filibuster should be brought back" or some such nonsense. Isn't this like how much of the "Contract with America" stuff is being erased because it was "a different generation" of Republicans and people have short memories? This has as much danger written on it for the Dems as it does for the GOP. The GOP caught a ton of flack for shutting things down under Clinton. SI
__________________
Houston Hippopotami, III.3: 20th Anniversary Thread - All former HT players are encouraged to check it out! Janos: "Only America could produce an imbecile of your caliber!" Freakazoid: "That's because we make lots of things better than other people!" |
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#49 | |
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Coordinator
Join Date: May 2002
Location: Jacksonville, FL
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The party - line can be so intimidating and sometimes threatening that it makes it difficult to agsainst it for both sides, even if you wanted to. At the city council level, my city councilwoman told me that the Republican Womens club dropped a loyalty oath on her desk and suggested she sign it before a big vote....she wouldnt do it and the club told her that she is ending her own career. So instead of bowing out she is going to leave the city council and run for senate. I will vote for her since she has back bone....Republican or not, having two feet to stand on with the special interest or party line clouding your judgement is mucho respectable.
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Jacksonville-florida-homes-for-sale Putting a New Spin on Real Estate! ----------------------------------------------------------- Commissioner of the USFL USFL |
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#50 | |
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Grizzled Veteran
Join Date: Sep 2003
Location: Fresno, CA
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Quote:
Well yes...while completely ignoring my point that what the Dems are doing is nearly as bad as what the Republicans are contemplating. Also, and this isn't directed at you Digamma; this isn't the first step toward getting rid of the filibuster. It is a procedural change related to nominee confirmations, more likely only judicial nominee confirmations. As I understand it, by calling it a procedural change, they can pass it with a bare majority. I don't understand the semantic differences between rule change and procedural change, but that is the explanation as I understood it. Again this isn't a move to remove the filibuster...if it were I don't seriously believe that more than a handful of individuals would be supporting the idea. I'm not supporting the action being threatened, I'm just addressing some of the thoughts touched on above. |
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