The case for a super-majority confirmation

[Perky]

And in corollary the need to support the Filibuster.

The Senate in its establishment was meant to be a far more deliberative body. This was viewed as a moderating influence on the house which the framers were concerned would be a vehicle for the passion of faction (Federalist #10)


But here is the rub. If you do the math, while there is a clear majority of Republicans in the Senate (55-44-1), Democrats actually support about many more people than do the Senators. My guess would be it is about 60 Million (if you add the whole population of the state blue vs red senator)

I think the executive has to be given some wiggle room on ambassadors and Administrators because they typically are cronies and they do not survive the president's term in office.

Federal Judges do. They have lifetime appointments and are charged with fairly and freely interpreting the Constitution and their decisions can impact Americans for many years to come.

While the Senate is certainly supposed to be a deliberative body formed on the notion of all states having an equal voice, the empowering of unelected justices still needs to be considered in the context of greater national will.
Without regard to partisanship, It seem logical to have this important decision tied to the absolute majority view of the electorate: Not on abortion but on the outlook for the court and on the nominee.

A super majority of 3/5ths supports that notion.

In other words Nelson, Byrd and Johnson have a disproportionately powerful voice since they hail from small states, even conservative ones.


To my thinking this is the rationale behind the cloture rule and the reason why we need to fight this to the end.

In other words Nelson, Byrd and Johnson have a disproportionately powerful voice since they hail from small states, even conservative ones.

If Alito is bright, articulate, evenhanded and objective enough to get 60 votes He should be confirmed. It the Dem Senators who are still on the fence can't see this as an exercise in popular will...Screw them.

[AX10]

1. I agree.

The small (red) states are screwing the country over. These small states will with no population will confirm this SOB.

[Perky]

4. But see that iwas the intention of the founders

They could nbot have forseen the vastly different Demographis There were only 13 states at the time and while the large pops were in PA, NJ, NY and MA The wanted to balance that with the small pops of the
othjer eight.

It does not work when Wyoming and Alaska have equal representation with California and New York as the extreme examples. Much the way it does not work when Comparing Delaware and Texas. It the same problem only reversed. But it does work with MA and Georgia which are pretty equal in such confirmation battles.


This is why Cloture is so imporatnt to be sixty votes and not a simpl majority.

Cloture is the only chance for a minority of Senators to express the will of the majority of citizens.

[Wordie]

2. K&R

[queenbdem87]

3. But see...thats just it

It has to be about issues like abortion. It also has to be about Alito's support of the unitary executive in a time of severe executive overreach. If Americans actually knew Alito's stance on these issues they would not support him. Plain and simple. This is why Democrats should look past some shortsided poll numbers and fight for the people, their rights, their liberties etc. whether or not those numbers reflect popularity one way or another. And I mean if you want to look at the outlook of the court, it is very dim for mainstream Americans.

Why don't you go try to find some numbers looking past the basic approval/disapproval level and try to see how many people actually understand what Alito's judicial opinions are and where people in those groups fall on the approval/disapproval table. You will find that the vast majority of Americans don't know about many of his ultra-conservative views and those that do oppose his nomination.