Filibustering Judges Unconstitutional

If you can't get the people or their congressional or legislative representatives to make the social changes you desire, what do you do? You lobby the judiciary, sue government agency’s or just sue anybody. Pick a judge that shares your idealogy and sue for change in his/her court. The best example is the judicial attack on religion. The constitution does not give the judiciary the authority to advance its own will against those of the people unless specifically provided for in the constitution. The unelected judges can bring about a radical new era with its decisions on social issues that were intended to be made by the elected representatives of the people.

I have tried to understand why some US Senators work so hard to prevent certain Federal Judgeship nominees from being confirmed once appointed. They seem so desperate that they themselves are willing to circumvent the constitution to stop judges from earning Senate confirmation. Filibustering a Senate confirmation hearing is a subversion of the constitution. It is clear in Article II, section 2 that the President has the expressed authority to appoint judges with the advice and consent of the Senate. That means that only a simple majority of Senators need approve a judge for confirmation. Filibustering stops the vote from taking place, clearly an end around the constitutional authority given to the Senate. What is interesting is that the Senate could stop this from happening simply by changing its own rules not the constitution, which it has the authority to do by majority.

If the Senate would change its rules of procedure that allow the filibuster to be effective in this regard, Judges would get their fair opportunity to be voted on, yea or nay. And, the President can fulfill his constitutional right and obligation to appoint judges with the advice and consent of a simple majority of the senate. No longer would certain Senators be able to circumvent the constitution.

Why would certain senators be willing to circumvent the very constitution they are sworn to uphold? Perhaps this question should be asked of them, but I find some irony that the same Senators who employ the filibuster to stop the Senate from confirming judges is often the same Senators who champion causes that are continually before our Supreme Court.

In essence, they want a second bit of the apple. What they can not achieve from the voters and congress they want to be able to achieve from the judiciary. That is why they will employ any method to stop a judicial appointment of any judge that they view as not having their since of values or social ideology. We should not send people like that to the Senate. Think about that the next time you vote.