Whoever Controls The Senate Wins
Posted by Michelle Moquin on October 9th, 2014
Good afternoon!
This is a very important point. With less than a month away from the midterm elections, it is the important reason Obama needs to hold on to the Senate this November.
From Think Progress.
Justice Ginsburg: If I Resign, Obama Could Not Appoint ‘Anyone I Would Like To See In The Court’
CREDIT: AP PHOTO/J. SCOTT APPLEWHITE
Justice Ruth Bader Ginsburg does not plan to leave the Supreme Court anytime soon, and, as she tells Elle‘s Jessica Weisberg, that’s because the Senate is terrible:
[Weisberg]: I’m not sure how to ask this, but a lot of people who admire and respect you wonder if you’ll resign while President Obama is in office.
[Ginsburg]: Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. [The Senate ...] took off the filibuster for lower federal court appointments, but it remains for this court.So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided. As long as I can do the job full steam…. I think I’ll recognize when the time comes that I can’t any longer. But now I can.
Justice Ginsburg’s frustration with the Senate is not particularly surprising. Last year, Ginsburg said that the Senate’s bitter confirmation process is “destroying the United States’ reputation in the world as a beacon of democracy,” and she complained in 2011 that if she were nominated to the Supreme Court today “my ACLU connection would probably disqualify me.”
Prior to her elevation to the bench, Ginsburg led the ACLU’s Women’s Rights Project, where she orchestrated much of the legal strategy that led to the Supreme Court recognizing that governmental discrimination against women is unconstitutional. Indeed, Ginsburg was arguably the single most significant women’s rights attorney in American history even before she became a judge.
The particular problem Ginsburg cites, however, the fact that Supreme Court nominees can still be filibustered by a minority of the Senate, can be solved by a bare majority of the Senate at any time. When the Senate invoked the so-called “nuclear option” last November to eliminate the filibuster for most nominations, they invoked a process which effectively amended the Senate’s rules by a simple majority vote. Nothing prevents the Senate from using this process again to permit Supreme Court nominees to be confirmed by a simple majority if a majority of the Senate wished to make this change.
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Readers: It is imperative that democrats hold on to the Senate because the Senate decides who will sit on SCOTUS. Obama may get to select who he wishes, but it is the Senate that must say yes by a “super” majority vote of 60 to 40, or a simple majority vote of 51 to 49. The Senate agreed that it would take a “super” majority to seat a SCOTUS selection by POTUS.
But it is within the power of the Senate Majority Leader (the leader of the party who has the most senators in the Senate) to change that rule and make it a simple majority appointment – this is called the “nuclear option.” Either way, the Democrats must hold the majority of senators in the Senate to decide who becomes the next member of SCOTUS. What will YOU do to ensure that?
The fact that the republican appointees to that position are showing they are willing to obey those that appointed them without regard to the Constitution or the rights or benefits of the people of America means that the any other than the white male will find no safe haven in either. 99% of those white males will discover that what they thought was a SCOTUS that would return them to absolute power over all others in America, is actually a court that is returning that power to the 1% that has bought and paid for those republican appointees. Once again, those 99%’ers are fooled by the false promise of the 1%’ers who give them HOPE that they will be part of the 1% club. It is never going to happen.
S.T.A.R.K., S.calia T.homas A.lito R.oberts K.ennedy, are merely the beginning of the 1% attempt to control this country. They have discovered that the Will of the people is toothless. The America people will sit idly by and allow SCOTUS to make Law from the Bench – they call them “activist judges.” Hence, the 1% are convinced they need only own SCOTUS to rule this country. And they aren’t wrong.
Why bother buying individual members of Congress or spending $billions on political advertising with the HOPE of winning majorities and or the Will of the American people, when they can appoint 9 Kings and have them decide what the Law of the Land is. The 1% has effectively upset the balance of power between the three Branches (Executive, Legislative and Judicial) of our government. It can outlaw the actions of the Executive Branch without regard to the Constitution if the majority of SCOTUS dares to. Only the Legislative Branch, Congress (both Houses of the Legislature – the Senate and House of Representatives), can vote to limit or change the edicts of SCOTUS when SCOTUS interprets one of its laws contrary to its intentions.
But to do that Congress must have the Will to act and the Votes to enforce that Will. We’ve seen examples of this time and time again. The 1% has shown in “Citizens United,” Hobby Lobby,” and Voter suppression decisions by S.T.A.R.K., that no such Will is present. In other words, Congress hasn’t the Will to do anything, and the American people, the voters, haven’t used their Power: their Voices and their Vote to make them act.
No one has spoken up and said “Hey, that’s not what that law means, its intention was this, not that,” when SCOTUS has interpreted one of its laws that is obviously contrary to its intention. Hence, only the Judicial Branch of government decides what is the Law of the Land. The Judicial Branch of our government has effectively made themselves 9 Kings of America with all the powers of imperial majesty. What will YOU do to stop them?
POTUS and the Senate will determine for the next decades what life will be like in America and possibly the world, by who gets to be 1 of those 9 Kings. And considering what we have seen, the future could be very scary. What will YOU do to prevent that from happening? Will you sit around idly or will you exercise your voice and right to vote?
YOU decide how important that is to you when you decide to vote. Just remember as I have said before, if you do not decide to vote, you’re still making a decision, because you will be deciding to allow someone else to make it for you. Why would you give that much power to a party who has clearly shown that they don’t have your best interest or well-being at heart? (Ladies: I am speaking to you here, especially you Repub ladies. It’s time to really be involved, get informed, stop following lockstep behind your husbands and support your sisters.) Why would you give that much power to a party who has clearly shown that they prefer money and power over people and planet?
What will YOU do to prevent them? Since a No Vote for the Dems is a definite Yes Vote for the Repubs, my suggestion is that YOU get registered and then go VOTE!
Are you with me? Blog me.
Christy: It was fabulous seeing you last night! You are still so sweet and you look the same with that big beautiful smile. YOU are one smart informed girl who is obviously on top of the issues! So proud. Spread the word, sister. PS: Mom says hi! :) xo
Peace out.
Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
Gratefully your blog host,
michelle
Aka BABE: We all know what this means by now :)
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October 9th, 2014 at 5:49 pm
Michelle that was the best explanation I have heard explaining the why and how of the Dems predicament.
October 9th, 2014 at 6:00 pm
If you think campaign funding has perverted our government and eliminated the ability of Congress to create any meaningful legislation that moves us away from the status quo, you are right.
October 9th, 2014 at 6:00 pm
Reid is going to blame the Senate loss on the Koch Brothers
October 9th, 2014 at 6:01 pm
Perhaps the IRS should rewrite its rules for 501(c) contributions to reflect the law which calls for exclusive social welfare purposes rather than primarily as the rules now stand. We should know who is contributing to who in real time.
October 9th, 2014 at 6:01 pm
Great analysis Michelle. I like this blog.
October 9th, 2014 at 6:02 pm
You can be sure the republicans aren’t taking $$ from the Saudis or China like Barak did
October 9th, 2014 at 6:03 pm
We are not allowed to know where any of the politicians get their money. If we did know we might be unhappy with the political paybacks using our tax dollars. And that goes for all parties, particularly the Republicans.
October 9th, 2014 at 6:04 pm
Clark#6, And you know the GOP isn’t taking that money how? Moreover, the “dark money” is generally not given to candidate campaigns but is used for campaign ads, push polling, and other campaign activities that are superficially independent of the candidates’ campaign (but are very much an effort to sway the election outcomes).
October 9th, 2014 at 6:05 pm
Average Cost of Winning Seat (in millions) http://bit.ly/VuPOBd
Senate
2012 $12
2010 $9.8
2002 $4.8
House of Representatives
2012 $1.6
2010 $1.4
1998 $0.6
October 9th, 2014 at 6:06 pm
Fred#9, Let’s all thank the political conservative hacks that control our Supreme Court.
October 9th, 2014 at 6:07 pm
The majority of the Supreme Court has assured us that large donations to or in support of politicians’ campaigns followed by legislation favoring the donors do not create even the slightest appearance of corruption. Especially when there’s no way for the peasants to know who gave how much to whom.
“Who pays the piper calls the tune” — when read in its originalist, literal, and grammatical senses — applies only to those who play wind instruments and their music. The adage has no application to politics.
October 9th, 2014 at 6:08 pm
Diaa#10, THe Court??? Seriously?? You didn’t object when the Chinese and Saudis were funneling 10′s of millions to Barak
October 9th, 2014 at 6:09 pm
t’s the anonymity thing. End it by requiring full disclosure for contributions past a certain threshold.
Contribution limits? Nope. Already shot down by SCOTUS. Money = free speech and corporations are people, remember?
October 9th, 2014 at 6:10 pm
How about looking at the past 6 years and decide if the Democrats deserve to keep the senate. Harry Reid is a disgrace to the office of Senator. He needs to become minority in the Senate. America needs a new vision of “change”.
October 9th, 2014 at 6:12 pm
Manly#12, Any proof of the Chinese and Saudi funds?
October 9th, 2014 at 6:14 pm
If anyone actually cares. Six common sense constitutionally sound campaign finance reforms that should make the rules crystal clear.
1. Any individual can use as much or as little of their personal fortune to campaign for their own election or against the election of any other individual or a state ballot issue that they are eligible to vote against in an election. (Reinforce the individual’s constitutional right to freedom of political speech.)
2. The only donations a politician or PAC can accept must come from someone that can legally vote for (or against) that politician or political cause. (Should force the politicians to be most responsive to the people who can actually vote for them and prevent State ballot initiatives from being hijacked by out of state money.)
3. No publicly traded for profit organization can use company money or assets to campaign for or against any candidate for any elected office or State ballot initiatives. (Stop businesses and corporations from buying political access and using shareholders money against them. )
4. No organization that receives any money from any level of any government can campaign for or against any candidate or any political cause. (Stop the taxpayers money from being used against them.)
5. No one can be forced to pay any money, give any time, donate anything of value to any organization which is then used to campaign for or against any candidate for any elected office or any political cause. (Prevent the owners of a private business, labor unions, trade associations, etc. from forcing their employees or members to support candidates and causes against their will.)
6. Political parties and Political Action Committees can only spend money in a state that came from residents of that state. (This would make it possible for political parties and committees to help unknown, poorly funded, candidates of modest personal wealth compete in state and local elections but keep the donors isolated from the recipients.)
October 9th, 2014 at 6:15 pm
My money is on the Kochs.