By: Mary Mostert, Analyst, Banner of Liberty (www.bannerofliberty.com)
May 2, 2003
I don’t know whose idea it was, but Commander in Chief George W. Bush in the co-pilot’s seat flying onto the deck of the U.S.S. Abraham Lincoln Aircraft Carrier which has been at sea for months was a communications masterpiece. The President, in a flyer jumpsuit, grinning ear-to-ear set the tone for what can only be called a military love-fest. Hundreds, if not thousands, of pictures were taken with uniformed young people, also grinning ear-to-ear, jockeying to have their pictures taken with their Commander in Chief.
There were about 200 young people on deck doing their jobs which involved getting that plane down safely. They were a microcosm of America – black and white and Asian, male and female, short and tall, and they were obviously ecstatic. The President first greeted the top brass on board and then turned to shake hands with the at-attention honor guard. From their expressions, I don’t think they expected that, and then, of course, EVERYONE wanted to shake hands with the President. Someone had their camera out, and managed to get a picture with the Commander in Chief, then everyone wanted to have their picture taken, with their crew, with him.
I watched and then I went back to the issue that has now resurfaced since Iraq war has moved into trying to create a democratic government in Iraq. It involves the notion of a nation ruled by law and a Constitution, the very blessings we hope to share with the Iraqi people. The U.S. Constitution states that the President of the United “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.”
When that was written, of course, there were only thirteen States. It didn’t seem to be a mammoth undertaking to appoint men to the Courts with the Senate’s advise and consent, allowing the fledging nation would to end up with three co-equal branches of government in which none of them could dictate to the others.
It was assumed, of course, that there would be debate and there would be bickering, but, in the end, the Senate would vote on appointments and the majority would win. That was before there were Senate rules, adopted by the Senate, in which a supermajority of 60 votes was required to shut off debate. The Constitution allows each house to make its own rules, and that is a rule made by the Senate.
In 1991, when the Democrats controlled the Senate, these candidates were never brought to be voted on by the entire Senate as required by the Constitution. Since the 2002 election, the Democrats simply filibustered to obstruct the vote of the entire Senate and maintain minority rule.
A puzzled reader wrote to ask: “Could you explain the Republican leadership to me? I do not understand why they cannot get a hearing and a vote on these judges.”
Of course, he is referring to the filabuster by the Democrats to obstruct approval of some of Bush’s judgeship nominees, particularly in the Fifth Circuit Court covering Mississipi, Louisiana and Texas where there are only half the number of judges needed to run the courts.
Three nominees nominated to the Fifth Circuit Court covering Mississippi, Louisiana and Texas that are being obstructed for the 5th Circuit are Charles W. Pickering, who was nominated in May 2001 and Priscilla Owen, who was nominated in September 2001. Neither of them have ever been voted on by the entire Senate, as required by the Constitution. Edward C. Prado, who was nominated in February of this year for the Fifth Circuit and Jeffrey Sutton, nominated in September 2001, nominee for the 6th Circuit, also are running afoul organized opposition from homosexuals and feminists and other left wing lobby groups.
The NOW organization opposes Priscilla Owen because, they claim, “Owen supports 'stricter interpretation' of the Texas law requiring girls younger than 18 to inform their parents before obtaining an abortion.” NOW believes that girls able to get pregnant, regardless of age, should have unlimited access to an abortion without their parents being told.
People for the American Way objects to Priscilla Owen because, they say, she favors forcing people who claim they are being discriminated against to prove their charge.
The Feminist Majority, which claims it exists to help women, has had an active campaign going on for some time to block Senate approval of Judge Priscilla Owen. Yesterday, the Senate voted 54-44 for cloture, indicating a vote of the entire Senate would approve the nomination. However, since it was only a cloture vote, no vote was possible for the entire Senate.
On Thursday he Senate voted 52-41 to approve the appointment of Jeffrey Sutton to the 6th Circuit Court of Appeals who was, oddly enough, opposed by more special interest groups than Judge Owen, Pickering, Estrada and Prado. The Feminist Majority groused: “A filibuster could have been sustained with 41 votes.”
Of course, it isn’t the Republican leadership that is the problem in this situation. This is a problem of a minority scheming to govern a people of diverse opinions, backgrounds and ethnicity outside the clear intent of the Constitution.
Isn’t minority rule that ignores the rights and wishes of the people what we thought we just eliminated in Iraq? Why are so many people saying the Iraqis are not “capable” of governing themselves when, apparently, we have a problem in our own Senate with a group determined to maintain minority rule?
Of course, our Constitution allows a couple of solutions to this problem. We can bide our time until the November 2004 Congressional election and vote 4-5 more Republican Senators into office.
Or, of course, we can urge President Bush to make recess appointments when the Senate recesses for summer vacation as Article II Section II of the Constitution allows.
To comment: mmostert@bannerofliberty.com