Tag Archives: nuclear option

The nuclear option / CNN

I remember the nomination of Judge Bork to the Supreme Court by Pres. Ronald Reagan in the 80s. The nomination was opposed by the Democratic majority in the Senate and was rejected by the Senate. During this process I remember thinking that the Senate has every right to confirm the appointment, every right to reject the appointment, but no right to delay or abstain from making a decision on the appointment. With the Senate rule requiring 60 votes to end a filibuster this gives the minority the ability to block a decision made by a majority of the Senate. The majority has every right to pass a motion and every right to reject a motion but the minority has no right to prevent the majority from doing one or the other.

In the Senate rules dealing with nominations there should be five set days on which the Senate shall vote to confirm or reject any nomination.

• The default day shall be the first daily sitting of the Senate that is 30 days after the nomination by the president.
• By the vote of 67 senators the nomination vote will be the first daily sitting of the Senate that is 10 days after the nomination.
• By a vote of 60 senators the nomination vote will be the first daily sitting of the Senate 20 days after the nomination.
• By a vote of 34 senators the nomination will be voted on the first daily sitting of the Senate 45 days after the nomination.
• By a vote of 50 senators the nomination will be voted on the first daily sitting of the Senate 60 days after the nomination.

This process gives you a default vote on a nomination 30 days after the appointment. By super majorities the Senate can vote earlier than the 30 days and by minorities can hold the vote later than those 30 days. The Senate shall hold a confirmation vote on a nomination on one of five set days they being 10 days, 20 days, 30 days, 45 days, and 60 days after the appointment by the president. If you wish to keep needing 60 votes to get to a vote on a nomination then have the rules state you need 60 votes to confirm not a simple majority.

The power of Democracy is vested in the majority and in the minority it’s principle

From the National Congress webpage.

Acting president  Barry Aulis