{"id":4183,"date":"2005-05-12T10:00:16","date_gmt":"2005-05-12T14:00:16","guid":{"rendered":"http:\/\/www.thecarpetbaggerreport.com\/archives\/4183.html"},"modified":"2005-05-12T10:00:16","modified_gmt":"2005-05-12T14:00:16","slug":"taking-on-history-comity-and-the-senate-parliamentarian","status":"publish","type":"post","link":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/taking-on-history-comity-and-the-senate-parliamentarian\/","title":{"rendered":"Taking on history, comity, and the Senate Parliamentarian"},"content":{"rendered":"<p>I honestly had no idea who the Senate Parliamentarian was before today, but it&#8217;s very possible that he&#8217;s going to be a lot better known if the Republicans try to execute the nuclear option next week, as planned.<\/p>\n<p>The parliamentarian (a non-partisan position) has an <a href=\"http:\/\/www.c-span.org\/questions\/weekly44.htm\">important responsibility<\/a> that doesn&#8217;t come up all that often &#8212; he (or she) guides the chair in formulating responses to parliamentary inquiries and rulings on points of order. Almost always, the parliamentarian&#8217;s word is golden because lawmakers don&#8217;t have the independent body of knowledge regarding the chamber&#8217;s procedures necessary to draw accurate and objective conclusions.<\/p>\n<p>When it comes to the nuclear option, the parliamentarian is positioned to be uniquely helpful to lawmakers. This is, after all, the <i>ultimate<\/i> in procedural questions. Because Republicans don&#8217;t have the 67 votes needed to formally change the chamber&#8217;s rule, their entire tactic is premised on the idea of asking the chair if <a href=\"http:\/\/rules.senate.gov\/senaterules\/rule22.htm\">Senate Rule XXII<\/a> is unconstitutional or not. The parliamentarian&#8217;s official opinion would offer senators exactly what they need to know &#8212; what the chamber&#8217;s rules dictate in this situation.<\/p>\n<p>Except lawmakers won&#8217;t get the parliamentarian&#8217;s official opinion &#8212; because <a href=\"http:\/\/www.rollcall.com\/issues\/50_115\/news\/9257-1.html\">Republicans don&#8217;t want to hear it<\/a>.<\/p>\n<blockquote><p>Alan Frumin is not a household name in the nation&#8217;s capital. But with a bitter fight over President Bush&#8217;s judicial nominations about to reach its climax, Frumin could be thrust into one of the biggest Congressional fights in years. [&#8230;]<\/p>\n<p>If Republicans move forward with their plan to eliminate the filibuster for judicial nominees, Vice President Cheney is expected to play a pivotal role. Once Democrats began filibustering a contested nominee, Senate Majority Leader Bill Frist (R-Tenn.) would call for a point of order and Cheney, in his capacity as Senate President, would uphold it. At this point, the filibuster would be abolished for judicial nominees, which would be solidified after a few more procedural votes were taken.<\/p>\n<p>Even though [Senate Minority Leader Harry] Reid has claimed that Frumin does not approve of this procedure, he may never get a chance to be overruled if Republicans decide to move forward with it. Cheney is likely to make a ruling without Frumin&#8217;s counsel, an action he hinted at during an April 22 speech to a group of Republican lawyers. Cheney told the lawyers he would vote to change the rule requiring judges to need only 51 votes for Senate approval.<\/p><\/blockquote>\n<p>Typical, isn&#8217;t it? The Republicans hire an expert for objective advice, but then reject the advice when it doesn&#8217;t conform to their agenda.<br \/>\n<!--more--><br \/>\nIn case there were suspicions about Frumin&#8217;s political leanings, he was hired for the post by then-Senate Majority Leader Trent Lott. Even more importantly, as <a href=\"http:\/\/www.rollcall.com\/issues\/50_115\/news\/9257-1.html\">Roll Call noted<\/a>, Democrats and Republicans alike said Frumin has adhered studiously to the principle of making nonpartisan rulings.<\/p>\n<p>His credibility should remind lawmakers that the nuclear option is a terrible mistake. If only they&#8217;d listen to him.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I honestly had no idea who the Senate Parliamentarian was before today, but it&#8217;s very possible that he&#8217;s going to be a lot better known if the Republicans try to execute the nuclear option next week, as planned. The parliamentarian (a non-partisan position) has an important responsibility that doesn&#8217;t come up all that often &#8212; [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[617],"tags":[],"class_list":["post-4183","post","type-post","status-publish","format-standard","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/4183","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/comments?post=4183"}],"version-history":[{"count":0,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/4183\/revisions"}],"wp:attachment":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/media?parent=4183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/categories?post=4183"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/tags?post=4183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}