With the fate of the U.S. Constitution in the balance, it’s hard to believe there’s no senator prepared to filibuster Supreme Court nominee Samuel Alito, whose theories on the “unitary executive” could spell the end of the American democratic Republic. If confirmed, Alito would join at least three other right-wing justices – John Roberts, Antonin Scalia and Clarence Thomas – who believe that George W. Bush should possess near total control of the U.S. government during the ill-defined War on Terror. If Anthony Kennedy, another Republican, joins them, they would wield a majority.
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A filibuster could give voters time, too, to learn what Alito and Bush have in mind for the country under the theory of the “unitary executive.” If after a tough fight the Democrats lose, they could then say they did their best and the voters would know what was at stake. Losing, however, might not be the end result. A swing in public opinion is certainly possible if even one senator takes the floor to wage an old-fashioned, “Mr. Smith Goes to Washington” filibuster in defense of the most fundamental principles of the American democratic experiment. A filibuster could touch a public nerve if it concentrates on protecting the Founding Fathers’ framework of checks and balances, the Bill of Rights, and the rule of law – all designed specifically to prevent an abusive Executive from gaining dictatorial powers. Secondarily, the filibuster could explain to the American people the need for courage in the face of danger, especially at a time when some political leaders are exploiting fear to stampede the public into trading freedom for security.
Rallying the Nation
If an elder statesman, like Robert Byrd, or a younger senator, like Russell Feingold,
started speaking with a determination not to leave until Bush withdraws the Alito nomination,
the filibuster could be a riveting moment in modern American politics, a last line of
defense for the Republic. In effect, the filibustering senators would be saying that the
future of democracy is worth an all-out congressional battle – and that Alito’s theory
of a “unitary executive” is an “extraordinary circumstance” deserving of a filibuster.
A filibuster also could force other senators to face up to the threat now emanating
from an all-powerful Executive. Democrats would have to decide if they’re
willing to stand up to the pressure that Bush and his many allies would surely bring
down on them. Republicans would have to choose between loyalty to the President
and to the nation’s founding principles. For some senators, the choice might define
how they are remembered in U.S. history.
more
Robert Parry
http://www.consortiumnews.com/2006/012106.html