Senate Democrats Distort ‘Checks and Balances’

Through their abuse of the filibuster, Senate Democrats have invented for themselves an absolute veto over the President and the will of the Senate majority.

FOR IMMEDIATE RELEASE
May 19, 2005
Contact: Jeffrey Mazzella
703.535.5836

Senate Democrats Distort ‘Checks and Balances’ to Justify Filibustering Judges

Alexandria, VA — Throughout the current Senate debate on judicial confirmations, Senate Democrats have been trumpeting a common theme.  They claim that eliminating the minority’s “right” to filibuster judicial nominations strikes a blow at our nation’s constitutional system of checks and balances. 

In response, Center for Individual Freedom President Jeffrey Mazzella made the following statement pointing out their argument’s flaws.

“We have only one question for Senate Democrats and the liberal special interests spoon-feeding them their spin: Where in the Constitution are judicial filibusters mentioned or even contemplated?

“The answer is nowhere.  The Senate’s ‘Advice and Consent’ role in the confirmation process is to approve or reject Presidential appointments by simple majority vote, as the Constitution and Supreme Court precedent make clear. 

“Our constitutional system of checks and balances divides power among the three separate branches of government. The Founders never specified that a single Senator, or even a minority of Senators, should check or obstruct the will of the majority within one of the two legislative chambers. 

“Indeed, Senate Democrats are using the filibuster not as a means to ensure extended debate; they are abusing the Senate procedure to defeat judicial nominees who have majority support.

“Through their abuse of the filibuster, Senate Democrats have invented for themselves an absolute veto over the President and the will of the Senate majority.

“Our Founding Fathers never contemplated such an arrogant abuse of power.”

The Center for Individual Freedom (www.cfif.org) is a non-profit, non-partisan constitutional and free-market advocacy organization dedicated to protecting individual freedom and rights in the legal, legislative and educational arenas. Through its Confirmation Watch project, the Center has been a leader in pushing the Senate to hold up-or-down votes on judicial nominations.


[Posted May 19, 2005
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