THE NUCLEAR OPTION vs DEMS FUBARING SENATE RULES
Ever since the DEMS started filibustering Bush's judicial nominees, there has been talk among the GOPs of changing SENATE RULES (which can be done by a simple majority vote) in order to exclude judicial nominations from being stopped by a filibuster. After all, the Constitution calls for a simple majority via an 'up and down vote' to confirm judicial nominees, rather than the supermajority needed to break a filibuster. Implementing this SENATE RULES change has been described as the 'nuclear option', an unfortunate choice of words implying a 'preemptive strike' of 'megaton proportions' and thus further implying that the onus is exclusively on the GOP.
After the 2004 elections, the GOP has gained enough votes in the Senate to make this option a realistic possibility. Nevertheless, there have been some GOP Senators (McCain, for instance) who seem to have problems with proceeding in this fashion. They argue that not changing the rules would be 'the right and collegial thing to do', and also that the same rules change could come back to 'bite them' if sometime in the future, the GOP becomes the minority party in the Senate. They are either incredibly naive, or they seem to have nostalgia for their minority status of the past.
They just can't seem to let go of their tendency to act like 'domestic servants' and to 'suck up' to the DEMS at every opportunity. This kind of posture is reminiscent of 'unilateral disarmament' advocates during the Cold War.
It staggers the imagination to assume that the same partisan DEMS who were more than willing to FUBAR previously accepted filibuster conventions by using them for the FIRST TIME to block judicial nominations, would hesitate to implement the same 'nuclear option' contemplated by the GOP, to quash any GOP filibusters, if the DEMS were once again in a majority. They would do this no matter what the GOP does now. Think Hitler vs. Neville Chamberlain and 'peace in our time' here.
Things have changed in the last 20 years, and it's not only naive but downright criminally stupid to think that somehow today's DEMS would 'do the right thing' or 'act collegially' or engage in 'true bipartisanship for the common good' if they were in the majority.
First of all, they didn't do this when they were in the majority (not all that long ago), and secondly, even when they're in a minority, they don't hesitate to FUBAR SENATE RULES and conventions. If the DEMS become a majority in the Senate again, look for them to engage in FUBARING everything they can get away with for partisan advantage. Sadly, the time (if it ever existed) where DEM Senators would 'do the right thing even if no one is looking', and would put aside partisanship for 'the greater common good' seems to be long past.
As has been noted elsewhere, the DEMS are basically UNDEMOCRATIC and don't trust the PEOPLE to govern themselves and to hold their servants (elected and appointed government officials ) accountable.
DEMS ARE AGAINST FREEDOM AND DEMOCRACY (11-03-03)
http://members.fortunecity.com/veritas1/AOPEDPT9.html#PART9NOV01
SOCIAL DEMOCRACY is an OXYMORON (01-05-04)
http://members.fortunecity.com/veritas1/AOPEDP10.html#PART10JAN02
The Judiciary is out of the reach of the electorate, except by way of the POWER of the PEOPLE to elect representatives who will appoint judges reflecting their mandate. The DEMS know this and also know that they currently hold a preponderance of judicial power due to appointments by the KLINTONISTAS. They don't want to change this, which explains why they are so obstructionist vis-a-vis Bush's judicial nominees. It also explains why they go into a tizzy when the POWER grabbed by JUDICIAL AYATOLLAHS is being questioned by the PEOPLE.
LEGAL ISSUES
http://members.fortunecity.com/veritas1/aopedix1.html#lawyers
If the GOP won't put Judges on the bench to counterbalance the ones put on the bench by the KLINTONISTAS, at a time when they have the Presidency and MAJORITIES in both the House and the Senate, then WHEN do they think they will be able to do this?
LIMITS TO POWER (01-16-04)
http://members.fortunecity.com/veritas1/aopedp10.html#PART10JAN04