Judges & Filibusters
Judges - judicial nominations - and filibusters cannot be sustained. America's separation of constitutional governing powers creates a dependency of the judicial department on the joinder in function of the other executive and legislative powers . Where they fail to join -- the vacant bench results. Albeit now alleged in compromise, one judicial nomination being just approved after four years -- two more languish -- yes a delay is practical politics to discern or oppose but where is the public service? Filibustering --or formal cloture - shoul be possible by the Senate after accomodating as much objective debate as possible ... and the cloture reduced to simple majority after perhaps three votes at the 3/5 requirement of the Senate. Note that this is preferred and defended for judicial appointments only -- ditto similar cross branch necessities of the sovereign powers of government -- and would not be needed for more purely political ministerial appointments of the executive branch or other lawmaking. The latter friends is politics, the former is consttutional duty and necessity for the judicial branch. Should the Senate fail to timely resolve the issue -- address it with their re-election prospects or by a law suit -- the US Constitution did not command Senate consent by any aspect other than a majority in judicial nominations. It only spoke to Senate special majorities in the case of Treaty ratification. |