There has been much noise about the deal made to avert the Senate vote on whether to actually do the jobs they have been elected to. Anyone who claims this is a “good” deal, either is a Democrat, or has not read the text of the deal. Here, courtesy of RealClearPolitics, is the text from the deal made by the 14 Senators, and my comments regarding their implications:
MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS
“We respect the diligent, conscientious efforts, to date, rendered to the Senate by Majority Leader Frist and Democratic Leader Reid. This memorandum confirms an understanding among the signatories, based on mutual trust and confidence, related to pending and future nominations in the 109th Congress.”
First, given the unconstitutional tricks played by Reid and the Democrats for the past five years, to put Reid on the same level as Frist is not only a slap in the face of Dr. Frist, who has performed his work honorably and responsibly, but also denies consequence and accountability for the Democrats’ past offenses. This first paragraph gives the Democrats a pass for their conduct. Note also, that 14 Senators have taken it upon themselves, to declare the rules for the other 86. If usurpation by the minority were not something to fear before, this is an unconscionable advance in political trickery, and should be shouted down for the elitist mindset it advances.
“This memorandum is in two parts. Part I relates to the currently pending judicial nominees; Part II relates to subsequent individual nominations to be made by the President and to be acted upon by the Senate’s Judiciary Committee.”
In plain English, this translates to ‘We don’t give a rat’s hindside for what the U.S. Constitution demands we do as Senators. We few have taken upon ourselves to declare the rules and order for all judicial nominations for the foreseeable future.’
“We have agreed to the following:
“Part I: Commitments on Pending Judicial Nominations
“A. Votes for Certain Nominees. We will vote to invoke cloture on the following judicial nominees: Janice Rogers Brown (D.C. Circuit), William Pryor (11th Circuit), and Priscilla Owens (5th Circuit).
“B. Status of Other Nominees: Signatories make no commitment to vote for or against cloture on the following judicial nominees: William Myers (9th Circuit) and Henry Saad (6th Circuit).”
This is outrageous! These 14 bombasts have finally decided that after years of waiting, they are willing to allow floor votes on some judges, all of whose credentials were established long ago. Yet, other judges are specifically and deliberately held to a different standard, on no basis related to their competency, or the need to fill bench vacancies. This, without question, is unconstitutional, and completely unacceptable conduct from a Republican Senator.
“II. Future Nominations. Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.”
The first statement in this section, is the duty which every Democrat Senator has ducked or violated for the past half-decade. Note that there is no enforcement clause to make them obey their duty now. The last sentence is a pile of steaming animal waste product, as it makes no promise whatsoever, that Democrats will not go back to their usurpation the moment they feel like it, and worse, wish to have such violation of their duties blessed as some sort of right or moral obligation. The fact that this clause was even included in the agreement, shows the negligence, bordering on corrupt complicity, of the Republican Senators who agreed to this treachery.
“B. Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or reinterpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.”
This is an outright surrender by the Republican signatories. The Democrats make no commitment to give up the filibuster, but expect the Republicans to give up their right as the majority party to change the rules when necessary. That any Republican would sign such an agreement, is betrayal of his party, his state, and his nation.
“We believe that, under Article II, Section 2, of the United States Constitution, the word “:Advice speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.”
Having raped the Senate of its rules and authority, these worthies now deign to command the President how he shall present nominees. FDR never had to 'pre-screen' his nominees, nor did Clinton, nor any President in the past. The Senate has always had the right to debate and vote on the merits or doubts of a candidate, but these Senators wish to expand their personal power, to the point of adding an unconstitutional restriction on the President. Here is printed in plain statement, unmitigated gall and arrogance!
“Such a return to the early practices of our government” - This is a lie, and nothing else - “may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate.
“We firmly believe this agreement is consistent with the traditions of the United States Senate that we as Senators seek to uphold.”
There it is, plainly printed. Democrats have used a power in the past, which they now deny to Republicans by no right but posture and deceit and further, would now claim for themselves not only control of the Senate, but a lever against the President, in order to maintain control of the courts, so that 7 Senators have corrupted another 7, to grant them power over all three branches of the government, through no right or Constitutional mandate, nor the approval of electoral support, but only through arrogance and complicity in avarice. Such brazen contempt for the principles of a Democratic Republic, I have not seen in a long time.
Mark these names, for these villains have leveraged power from a position they do not deserve to hold:
Ben Nelson (Nebraska)
Robert Byrd (West Virginia)
Joseph Lieberman (Connecticut)
Mark Pryor (Arkansas)
Ken Salazar (Colorado)
Daniel Inouye (Hawaii)
Mary Landrieu (Louisiana)
Mark these names also, for they are villains to their state, their party, and to the nation for violating the trust and duty of their office. Remember them when they come up again for election, and make known the foul fruit of their arrogance:
John McCain (Arizona)
John Warner (Virginia)
Lindsey Graham (South Carolina)
Susan Collins (Maine)
Olympia Snowe (Maine)
Lincoln Chaffee (Rhode Island)
Mike DeWine (Ohio)
Treachery has been done. It falls to us now to answer it, remember it, and when the next election comes, to pay the wages it has brought, in full fury.