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March 17, 2005
Boxer Tells The Truth (Accidentally)

Duane at Radioblogger has the audio clip and transcript from Barbara Boxer's appearance at the MoveOn rally in support of Senate Democrats and their unprecedented filibusters of judicial nominees. After such luminaries as Ted Kennedy and Robert Byrd railed on interminably about the evils of majority rule (in America!) and the need to preserve the Constitution, they committed the fatal blunder of allowing Boxer to speak:

Why would we give lifetime appointments to people who earn up to $200,000 a year, with absolutely a great retirement system, and all the things all Americans wish for, with absolutely no check and balance except that one confirmation vote. So we're saying we think you ought to get nine votes over the 51 required. That isn't too much to ask for such a super important position. There ought to be a super vote. Don't you think so? It's the only check and balance on these people. They're in for life. They don't stand for election like we do, which is scary.

This flies in the face of Article II, Section 2, Clause 2 of the Constitution, which states:

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.

In other words, the Democrats want to pervert the Constitution to require a supermajority to confirm Presidential appointees, which the framers specifically did not require. As anyone with eyes can see, it's not as if the concept of supermajorities didn't occur to the founding fathers, as they specifically require it for ratification of treaties. The entire Constitution contains only four requirements for supermajorities: treaties, impeachment, veto overrides, and amendments. Only those types of actions, the framers foresaw, would change the nature of the government itself.

It now becomes clear that it's the Democrats who want to change the nature of the balance of power by adding a supermajority requirement for Presidential appointments, and that the filibuster is their back-door strategy to do so. The blather about protecting debate is ridiculous. Limiting the debate does not equate to eliminating it, and besides, the filibuster does not exist as a Constitutional construct. Debate, in fact, only gets a mention in Section 6, Clause 2 of Article 1, and only to ensure that Congressmen cannot get arrested while Congress is in session.

Boxer screwed up and blew their cover.

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Posted by Ed Morrissey at March 17, 2005 9:03 PM

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» Boxer Displays Her Foolishness Again For All To See from Powerpundit
NOTE TO DEMOCRATS: As long as you let Barbara Boxer speak publicly, even a a rally, you are seriously impairing any chances you have of regaining any serious power at any time in the near future.... [Read More]

Tracked on March 17, 2005 10:36 PM

» Barbara Boxer attempts to pervert the Constitution from The House Of Wheels
You'd think that a prominent Democrat senator wouldn't make public statements that go against the American Constitution. You'd think that, but in the case of Barbara Boxer, who obviously does very little thinking - you'd have thought wrong. [Read More]

Tracked on March 17, 2005 11:13 PM

» On changing the Constitution from The Shape of Days

Barbara Boxer is talking about changing the way the Senate confirms judicial appointments, and she's taking harsh criticism from opponents who accuse her of disregarding the Constitution. Are they right? Read on to find out.

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» Super-Majority for Confirmation of Federal Judges? from FullosseousFlap's Dental Blog
Just Nuke them Senate Republicans and start confirming some conservative judges like the people voted you to do!! Update #1 Captain Ed over at Captain's Quarters has his take on Senator Boxer: Duane at Radioblogger has the audio clip and tra... [Read More]

Tracked on March 17, 2005 11:45 PM

» NATIONAL REVIEW ONLINE: What Democrats Said About Filibusters from Whither The Fool?
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» Boxer Blew It from Sensible Mom
Everyone knows the democrat's intent, but with Boxer's blunder they shouldn't have any cover any more, at least if an unbiased media was paying attention. I wonder if Tim Russert will discuss this on Meet The Press this weekend. Don't count on it. [Read More]

Tracked on March 18, 2005 10:28 AM

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