A Fair Up Or Down Vote?

Page 2 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

Moonbeam

Elite Member
Nov 24, 1999
74,742
6,761
126
Originally posted by: zendari
Democracy is one of the foundations of America.

What are you on about? We live in a representative democracy not a direct one, in case you hadn't noticed, and if my senators filibuster they will be doing what I supported when I voted for them.
 

zendari

Banned
May 27, 2005
6,558
0
0
Originally posted by: Moonbeam
Originally posted by: zendari
Democracy is one of the foundations of America.

What are you on about? We live in a representative democracy not a direct one, in case you hadn't noticed, and if my senators filibuster they will be doing what I supported when I voted for them.

So you support denying 55% of the population their right to representation? In principle this hardly sounds different than striking people off the voter rolls.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
Utterly disingenuous and diversionary, as usual, from zendari. There are a wide variety of candidates who could easily obtain 60 votes in a confirmation scenario, as Dems have illustrated over 200 times during Bush's tenure, confirming over 95% of his judicial nominees. That's bipartisanship, whereas demanding 100% like petulant children definitely isn't...

Which is, unfortunately, one of the byproducts of wingnut fringe leadership in the Repub party...
 

Dman877

Platinum Member
Jan 15, 2004
2,707
0
0
The more extreme the conservative bias, the quicker the reaction. Let the republican party push America to the right, it will only hasten the inevitable swing back.
 

charrison

Lifer
Oct 13, 1999
17,033
1
81
Originally posted by: Jhhnn
Utterly disingenuous and diversionary, as usual, from zendari. There are a wide variety of candidates who could easily obtain 60 votes in a confirmation scenario, as Dems have illustrated over 200 times during Bush's tenure, confirming over 95% of his judicial nominees. That's bipartisanship, whereas demanding 100% like petulant children definitely isn't...

Which is, unfortunately, one of the byproducts of wingnut fringe leadership in the Repub party...


Most of those that were quickly confimed were for the lower counrts. Most of the appointments to the higher courts are the ones tha ones the dems wanted to stop.
 

zendari

Banned
May 27, 2005
6,558
0
0
Originally posted by: Jhhnn
Utterly disingenuous and diversionary, as usual, from zendari. There are a wide variety of candidates who could easily obtain 60 votes in a confirmation scenario, as Dems have illustrated over 200 times during Bush's tenure, confirming over 95% of his judicial nominees. That's bipartisanship, whereas demanding 100% like petulant children definitely isn't...

Which is, unfortunately, one of the byproducts of wingnut fringe leadership in the Repub party...

If the candidate was truly on the fringe, he/she wouldn't get the votes required. What are you afraid of?
 

Moonbeam

Elite Member
Nov 24, 1999
74,742
6,761
126
Originally posted by: zendari
Originally posted by: Jhhnn
Utterly disingenuous and diversionary, as usual, from zendari. There are a wide variety of candidates who could easily obtain 60 votes in a confirmation scenario, as Dems have illustrated over 200 times during Bush's tenure, confirming over 95% of his judicial nominees. That's bipartisanship, whereas demanding 100% like petulant children definitely isn't...

Which is, unfortunately, one of the byproducts of wingnut fringe leadership in the Repub party...

If the candidate was truly on the fringe, he/she wouldn't get the votes required. What are you afraid of?

If he's not fringe then use the nuclear option. What are you afraid of.

 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
From zendari-

"If the candidate was truly on the fringe, he/she wouldn't get the votes required. What are you afraid of?"

It's called Party discipline. As it is, if the candidate weren't fringe, then they'd have no trouble getting 60 votes, either, which would indicate a strong consensus in their favor. Which is really what we need in the court system, to maintain the credibility of the ultimate arbiters of justice in our country.

Here's something I composed elsewhere, pretty much sums it up-

Quite frankly, I see it as a mark of poor character for any appointee to take the offered position if Senate rules have to be broken to put him there... If that wouldn't make one feel ... dirty, I don't know what would...

Partisanship is all fine and good, but at some point or another, it's really the duty of the Senate to arrive at true consensus, particularly wrt legacy lifetime appointments. Nor does it matter to me which party is in power wrt this issue- if any nominee can't muster 60 votes to overcome a filibuster, then they don't meet that consensus threshold, and should rightfully be rejected for the good of the country as a whole...

Somewhere here, it seems to me that the meaning of the term "Conservative" has been lost, when the "Conservative" leadership is willing to discard the rules and throw out decades of precedence just to have their own way, right now, and to saddle the country with ideologues in permanent tenure in the court system... doesn't seem very "conservative" to me, at all...
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,402
8,574
126
Originally posted by: Jhhnn
Utterly disingenuous and diversionary, as usual, from zendari. There are a wide variety of candidates who could easily obtain 60 votes in a confirmation scenario, as Dems have illustrated over 200 times during Bush's tenure, confirming over 95% of his judicial nominees. That's bipartisanship, whereas demanding 100% like petulant children definitely isn't...

Which is, unfortunately, one of the byproducts of wingnut fringe leadership in the Repub party...

no one really cares what a lower court judge does. because a lower court judge has to follow the decisions of courts above them. and even fewer people actually care about circuit court judges, because 1 extremist there is counterbalanced by the two others that have to sit for every case, and the potential for en banc. the real enchilada is the SC.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,402
8,574
126
Originally posted by: Moonbeam
Originally posted by: zendari
Originally posted by: Jhhnn
Utterly disingenuous and diversionary, as usual, from zendari. There are a wide variety of candidates who could easily obtain 60 votes in a confirmation scenario, as Dems have illustrated over 200 times during Bush's tenure, confirming over 95% of his judicial nominees. That's bipartisanship, whereas demanding 100% like petulant children definitely isn't...

Which is, unfortunately, one of the byproducts of wingnut fringe leadership in the Repub party...

If the candidate was truly on the fringe, he/she wouldn't get the votes required. What are you afraid of?

If he's not fringe then use the nuclear option. What are you afraid of.
as the guy probably won't even get filibustered because he isn't fringe, then no nuclear option is requred.
 

zendari

Banned
May 27, 2005
6,558
0
0
Originally posted by: Jhhnn
From zendari-

"If the candidate was truly on the fringe, he/she wouldn't get the votes required. What are you afraid of?"

It's called Party discipline. As it is, if the candidate weren't fringe, then they'd have no trouble getting 60 votes, either, which would indicate a strong consensus in their favor. Which is really what we need in the court system, to maintain the credibility of the ultimate arbiters of justice in our country.

Here's something I composed elsewhere, pretty much sums it up-

Quite frankly, I see it as a mark of poor character for any appointee to take the offered position if Senate rules have to be broken to put him there... If that wouldn't make one feel ... dirty, I don't know what would...

Partisanship is all fine and good, but at some point or another, it's really the duty of the Senate to arrive at true consensus, particularly wrt legacy lifetime appointments. Nor does it matter to me which party is in power wrt this issue- if any nominee can't muster 60 votes to overcome a filibuster, then they don't meet that consensus threshold, and should rightfully be rejected for the good of the country as a whole...

Somewhere here, it seems to me that the meaning of the term "Conservative" has been lost, when the "Conservative" leadership is willing to discard the rules and throw out decades of precedence just to have their own way, right now, and to saddle the country with ideologues in permanent tenure in the court system... doesn't seem very "conservative" to me, at all...

When did this new 60 vote rule come up? It wasn't in place 10 years ago thats for sure.

Roberts is your consensus nonfringe candidate, and yet you still have the NARAL radicals opposing his nomination even before it was officially announced!

BTW, if you want to know which party blindly toes the party line, lets take a look back at theClinton impeachment trial. Hint: it wasn't the republicans.

If he's not fringe then use the nuclear option. What are you afraid of.
Frist being a wimp.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
More diversions, zendari? figures...

The current 3/5 filibuster rule has been in place since 1975, and, prior to that it was 2/3, dating from 1917...

It still requires 2/3 to change the rules of the Senate, which have been formulated under the constitutional mandate to do so...

http://rules.senate.gov/senaterules/rule22.htm

Depending on which polls you believe, it seems that only a minority or a small minority of Americans want to outlaw abortion- the proposition definitely doesn't have majority support. NARAL activists are rightfully concerned about Roberts, and certainly have the right to protest. At least they don't try to block access or murder providers, unlike some of their opponents from the other side... Nor do they attempt to represent themselves as something they aren't...
 

charrison

Lifer
Oct 13, 1999
17,033
1
81
Originally posted by: Jhhnn
More diversions, zendari? figures...

The current 3/5 filibuster rule has been in place since 1975, and, prior to that it was 2/3, dating from 1917...

It still requires 2/3 to change the rules of the Senate, which have been formulated under the constitutional mandate to do so...

http://rules.senate.gov/senaterules/rule22.htm

Depending on which polls you believe, it seems that only a minority or a small minority of Americans want to outlaw abortion- the proposition definitely doesn't have majority support. NARAL activists are rightfully concerned about Roberts, and certainly have the right to protest. At least they don't try to block access or murder providers, unlike some of their opponents from the other side... Nor do they attempt to represent themselves as something they aren't...

And before that that the filibuster did not exist at all. There is nothing in the constitution about requiring the senate to have a filibuster. Also there there are many items in senate business that a filibuster cannot be used on. ANd look at the grand history of the filibuster to see what it was used for. Its history is far from noble.
 

rustynails

Banned
Jun 22, 2005
115
0
0
Originally posted by: Moonbeam
Originally posted by: zendari
Democracy is one of the foundations of America.

What are you on about? We live in a representative democracy not a direct one, in case you hadn't noticed, and if my senators filibuster they will be doing what I supported when I voted for them.

Sorry moon, I hate to inform you but we live in both. Yes we elect those who in return, supposedly have in the best interest of the electorate. However, we also enact laws/propositions locally in the form of a ballot box.

 

miketheidiot

Lifer
Sep 3, 2004
11,060
1
0
Originally posted by: zendari
Originally posted by: randym431
I'm so sick of hearing this bs from the republicans and their president.
They control the votes, with their majority. And naturally, they most ALWAYS stick together. So asking for a "fair up or down vote" really means "we want to win, screw you". Now they are running ad's on the fair up or down vote krapola. I'm starting to think this Supreme Court pick is a bad egg. If not, why would they already be pushing it.

I just hope the Democrats have the balls to do whats right, if they need to.

And what does a filibuster mean? Sorry, 55% of America, you don't count for sh*t, so lets take over the government. :roll: Fair vote means fair vote, everyone gets a shot and is represented.

holding up/stalling != taking over the government.

Originally posted by: zendari
Democracy is one of the foundations of America.

so why are you so opposed to it? Filibustering is legal, is ethical, and is part of government. Get over it.

why does you're sig say
" Un-BAN Ultra-Quiet
Un-BAN Shinerburke"

a pair that were permabanned long before you registered?
 

miketheidiot

Lifer
Sep 3, 2004
11,060
1
0
Originally posted by: wirelessenabled
We need a Constitutional amendment to make the approval of lifelong appointments like judges require a super-majority of 66%. That would stop all this BS.

The notion that confirmation of a judge to the SC who may serve 30-40 years only needs 51% vote is bad. Our system of government is based on checks and balances ie the need to move toward the middle of whatever the extremes are at the time. The so-called "fair" up or down vote means that 50.00000001% can hold sway over the other 49.999999990% Has caused problems in the past, is causing problems now, and will cause problems until the Constitution is fixed.

I would perfer that the nomination process also be taken out of the hands of the president.
 

miketheidiot

Lifer
Sep 3, 2004
11,060
1
0
Originally posted by: zendari
Originally posted by: wirelessenabled
We need a Constitutional amendment to make the approval of lifelong appointments like judges require a super-majority of 66%. That would stop all this BS.

The notion that confirmation of a judge to the SC who may serve 30-40 years only needs 51% vote is bad. Our system of government is based on checks and balances ie the need to move toward the middle of whatever the extremes are at the time. The so-called "fair" up or down vote means that 50.00000001% can hold sway over the other 49.999999990% Has caused problems in the past, is causing problems now, and will cause problems until the Constitution is fixed.

Fine. Let's establish such a rule, starting in 2008 with the next President.

Clearly, not if you are Republican.
Are you talking about Al Gore's attempt to circumvent the vote by appealing to the courts?

if you remember, it was BUSH'S appeal to the us supreme court that stopped the florida count and overturned florida law.
 

miketheidiot

Lifer
Sep 3, 2004
11,060
1
0
Originally posted by: charrison
Originally posted by: Jhhnn
Huh, funny how the Repubs change their tune when they control both the Executive and the Senate. Ten years ago, Orrin Hatch claimed that the filibuster was the neatest thing since sliced bread, allowed blue-slipping and stalling through Clinton's entire term, and wouldn't even convene the judiciary committee for extended periods....

I guess things were different then, or White Man speak with forked tongue... There is no shame when you're on a mission from God...


Well the filibuster was never used 10 years ago on judges...
address the bolded please.

 

miketheidiot

Lifer
Sep 3, 2004
11,060
1
0
Originally posted by: charrison
Originally posted by: zendari
Originally posted by: wirelessenabled
We need a Constitutional amendment to make the approval of lifelong appointments like judges require a super-majority of 66%. That would stop all this BS.

The notion that confirmation of a judge to the SC who may serve 30-40 years only needs 51% vote is bad. Our system of government is based on checks and balances ie the need to move toward the middle of whatever the extremes are at the time. The so-called "fair" up or down vote means that 50.00000001% can hold sway over the other 49.999999990% Has caused problems in the past, is causing problems now, and will cause problems until the Constitution is fixed.

Fine. Let's establish such a rule, starting in 2008 with the next President.



Such a rule would would make it so that judges would never get appointed.

or maybe allow moderates to be appointed.... you know, people who actually represent americans....
 

charrison

Lifer
Oct 13, 1999
17,033
1
81
Originally posted by: miketheidiot
Originally posted by: charrison
Originally posted by: zendari
Originally posted by: wirelessenabled
We need a Constitutional amendment to make the approval of lifelong appointments like judges require a super-majority of 66%. That would stop all this BS.

The notion that confirmation of a judge to the SC who may serve 30-40 years only needs 51% vote is bad. Our system of government is based on checks and balances ie the need to move toward the middle of whatever the extremes are at the time. The so-called "fair" up or down vote means that 50.00000001% can hold sway over the other 49.999999990% Has caused problems in the past, is causing problems now, and will cause problems until the Constitution is fixed.

Fine. Let's establish such a rule, starting in 2008 with the next President.



Such a rule would would make it so that judges would never get appointed.

or maybe allow moderates to be appointed.... you know, people who actually represent americans....


The only problem is that those that strictly interpret the constitution are not usually considered moderates.
 

charrison

Lifer
Oct 13, 1999
17,033
1
81
Originally posted by: miketheidiot
Originally posted by: charrison
Originally posted by: Jhhnn
Huh, funny how the Repubs change their tune when they control both the Executive and the Senate. Ten years ago, Orrin Hatch claimed that the filibuster was the neatest thing since sliced bread, allowed blue-slipping and stalling through Clinton's entire term, and wouldn't even convene the judiciary committee for extended periods....

I guess things were different then, or White Man speak with forked tongue... There is no shame when you're on a mission from God...


Well the filibuster was never used 10 years ago on judges...
address the bolded please.

That is true, but eventually most judges got though without the filibuster being used.
 

wirelessenabled

Platinum Member
Feb 5, 2001
2,191
41
91
Originally posted by: charrison
Originally posted by: zendari
Originally posted by: wirelessenabled
We need a Constitutional amendment to make the approval of lifelong appointments like judges require a super-majority of 66%. That would stop all this BS.

The notion that confirmation of a judge to the SC who may serve 30-40 years only needs 51% vote is bad. Our system of government is based on checks and balances ie the need to move toward the middle of whatever the extremes are at the time. The so-called "fair" up or down vote means that 50.00000001% can hold sway over the other 49.999999990% Has caused problems in the past, is causing problems now, and will cause problems until the Constitution is fixed.

Fine. Let's establish such a rule, starting in 2008 with the next President.



Such a rule would would make it so that judges would never get appointed.

That is BS. The President would have to pick candidates more acceptable to a broader cross-section of society.

 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
You're dead wrong, Charrison. Prior to 1917, unanimous consent was required to end a filibuster-

"Between 1841, when the filibuster was first utilized by Sen. John C. Calhoun to protect slaveholding interests, and 1916, when Sen. Robert LaFollette used it to block legislation that would have authorized merchant ships to arm themselves against unlawful attacks by German U-boats before the United States entered World War I, unanimous consent was required to end a filibuster. During that time, there were nearly a dozen proposals to restore the "motion for the previous question" rule or a cloture rule, but Sen. LaFollette's filibuster was the last straw: In 1917, the Senate adopted the first cloture rule, providing that debate could be ended by a vote of 2/3 of the senators present and voting."

From here-

http://www.nationalreview.com/comment/comment-eastman051503.asp

Not that I agree with the sentiment of the article, in general, but the historical aspects are entirely accurate...

With few exceptions, we've functioned rather nicely having the filibuster rule in place, which actually dates from as early as 1806...



 

charrison

Lifer
Oct 13, 1999
17,033
1
81
Originally posted by: wirelessenabled
Originally posted by: charrison
Originally posted by: zendari
Originally posted by: wirelessenabled
We need a Constitutional amendment to make the approval of lifelong appointments like judges require a super-majority of 66%. That would stop all this BS.

The notion that confirmation of a judge to the SC who may serve 30-40 years only needs 51% vote is bad. Our system of government is based on checks and balances ie the need to move toward the middle of whatever the extremes are at the time. The so-called "fair" up or down vote means that 50.00000001% can hold sway over the other 49.999999990% Has caused problems in the past, is causing problems now, and will cause problems until the Constitution is fixed.

Fine. Let's establish such a rule, starting in 2008 with the next President.



Such a rule would would make it so that judges would never get appointed.

That is BS. The President would have to pick candidates more acceptable to a broader cross-section of society.

Let judges be picked on their character, not their political beleifs.
 

wirelessenabled

Platinum Member
Feb 5, 2001
2,191
41
91
Originally posted by: charrison
Originally posted by: wirelessenabled
Originally posted by: charrison
Originally posted by: zendari
Originally posted by: wirelessenabled
We need a Constitutional amendment to make the approval of lifelong appointments like judges require a super-majority of 66%. That would stop all this BS.

The notion that confirmation of a judge to the SC who may serve 30-40 years only needs 51% vote is bad. Our system of government is based on checks and balances ie the need to move toward the middle of whatever the extremes are at the time. The so-called "fair" up or down vote means that 50.00000001% can hold sway over the other 49.999999990% Has caused problems in the past, is causing problems now, and will cause problems until the Constitution is fixed.

Fine. Let's establish such a rule, starting in 2008 with the next President.



Such a rule would would make it so that judges would never get appointed.

That is BS. The President would have to pick candidates more acceptable to a broader cross-section of society.

Let judges be picked on their character, not their political beleifs.

Right Uh Huh. The SC has a profound effect on our society. They need to be vetted on all their characteristics not just one.