It's Being Called A "Filibuster"
By William Bailey (03/16/03)
What's been going on in the U.S. Senate for the past 5-6 weeks is being called, by some, a "filibuster". I would submit, however, that it's far more serious and egregious than what most know as a "filibuster".
As has been pointed out by many (including Senator Zell Miller, D-GA), the word "filibuster" comes from the Spanish word for "pirate". And, that's what's really going on. The sad and unfortunate truth of the matter is that, once again, the Constitution of the United States has been "pirated". And, not by some foreign enemy, but by those who swore an oath to "support and defend . . . against all enemies, foreign and domestic". In fact, they themselves have become the very enemy against which they swore defense.
Just so there is no mistake, here's what Article II, Section 2, Clause 2 of the Constitution of the United States in enumerating the duties of the President has to say, "He shall have power, by and with the Advice and Consent of the Senate, to make treaties, provided two-thirds of the Senators present concur, and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments." That's what the Constitution has to say about the "advice and consent" function of the U.S. Senate. And . . . that's ALL it has to say.
It should be obvious what it does NOT say, but (for the record) here are just a few of the more glaring things not specified in this section:
**** It does NOT give a committee of the Senate the authority to speak for the full Senate.
**** It does NOT authorize anything other than a simple majority vote on nominations.
**** It does NOT authorize any Rule of the Senate to replace or override the Constitutional provision(s) of "advice and consent".
This has little to do with how people feel about the nomination of Miguel Estrada for appointment to the District of Columbia Court of Appeals . . . it has everything to do with the arrogance and blatant efforts of those Senators who are, in fact, thwarting and demeaning the Constitution of the United States.
It is sad that we have reached a point where, when those who took an oath to uphold the Constitution start waving it in our faces, you'd better watch out. More than likely it's a "smoke screen" and nothing else. Lest you doubt what I say, sit down and read this beautiful document. See what it has to say. Pay particular attention to the Section cited along with Article 1, Section 8, Clauses 1-18 and the Tenth Amendment. After reading, you determine whether the Constitution has been violated. As you read, read what IS provided. Don't read what is NOT authorized into the language. If you read it in this fashion, I don't think it will take long to see what I'm talking about.
For those who would claim that the Rules of the Senate allow what's going on (even though I don't agree), I would submit that, in those cases, the Rules are arcane and unconstitutional and should be changed. I cannot, in my wildest imagination, believe that the Founding Fathers ever intended that any branch of government would be allowed to take action in direct contravention of the Constitution.
If there are those who, honestly, believe that the process should be changed, there is a prescribed method for doing so . . . it's called amendment. Submit the proposal to "We the People" and see what happens.
Again, this is NOT about Mr. Estrada . . . it's about power and a shameful attack on the Constitution of the United States. Those perpetrating this attack should be called upon to do one of two things . . . honor your oath or vacate your office. The choice is simple. To do otherwise is an affront to the Constitution and the people of America.
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