A Battle Lost

By GotDesign
As you probably already know, last night Senate Republicans made a deal with "moderate" Democrats allowing some of President Bush's judicial nominees to proceed to the floor of the Senate, but the deal left the filibuster in the hands of the obstructionist Democrats. I am angry and disappointed. This was a major battle on principle. As I have said on many occasions, the issue here is that to filibuster judicial nominees is to refuse to fulfill the Senate's responsibility to "advise and consent" on Presidential nominations.

Democrats have been crying about "minority rights." Yes, the Senate was given its composition in order to protect the minority rights of the people in smaller states. However, this was intended to protect small states from legislative tyranny. Legislative! Not a procedural issue like judicial nominations.

This deal is an absolute disaster for conservatives. The Republicans hold the majority in both houses of Congress, yet they cannot stand up for their rights in any effective way. Too many Republicans have been listening to uninformed calls to end strife. Ending this issue in order to preserve "comity" in the Senate is not only avoiding their responsibilities, but also avoiding dealing with issues that are vital to the future of the Republic.

I have two calls for action. First, remember those who have compromised on this important issue. We must call for their ouster in the upcoming elections. We must replace these wishy-washy Republicans (or RINOs) with those who are not afraid to stand up for their principles. Second, we must push Congress to exercise its authority to reshape the American court system. The Congress is given the authority under the Constitution to form the courts and establish their jurisdictions. There is no court in the U.S., other than the Supreme Court, that has a Constitutional mandate. The Congress defines which courts will sit, how the are composed, and the jurisdictions they will hold. Below is a quote from Article III, Section 1 of the U.S. Constitution:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. [emphasis added]
It is my opinion that Congress should refine the court system. Redistrict the 9th District Court of Appeals, define jurisdictions to restrict the judicial activism of the Courts of Appeal. Some of the problems of the runaway judiciary can be solved through the Congress' constitutional authority over the formation of the courts. The other problems will have to be solved through the appointment of strict constructionist judges to the courts. In order for this second course to be followed, we will need to remove the RINOs from the Senate and elect conservatives. We cannot allow the Democrat party to usurp power from the elected majority through the weakness of a few malcontents.


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