21 Mart 2005 Pazartesi

Should Conservatives Use the "Nuclear Option"?

Since George W. Bush ascended to the presidency in 2000, Democrats have been blocking his judicial nominees via the power of the Filibuster in the Senate. There has been a lot of talk about how much damage this is doing to the judiciary - primarily from Conservatives - and now the Republican Majority in the Senate is considering the so-called "nuclear option." This would call for a simple majority (i.e. all Republicans) to rule that Filibusters are no longer allowed on judicial nominees - and would thus virtually guarantee that many of Bush's picks go in. Well, George Will is not so sure this is a good idea.
Exempting judicial nominations from filibusters will enlarge presidential power. There has been much enlargement related to national security -- presidential war-making power is now unfettered, Congress' responsibility to declare war having become a nullity. Are conservatives, who once had a healthy wariness of presidential power, sure they want to further expand that power in domestic affairs? ...The Senate's institutional paralysis over judicial confirmations is a political problem for which there is a political solution: 60 Republican senators.
Most of the more partisan commentators on the Conservative side are calling for this move. They should not be so quick to change something which has worked for the last 200+ years. That is not to say every Senate rule is sacrosanct, but as with people respect should come with longevity.

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