Just in case you care about the Constitution...

Filibuster: The Image

Filibuster: The Reality

For decades, liberals have rightly criticized the filibuster, a technique whereby a minority in the U.S. Senate can prevent the majority from conducting business.

Despite its glorification by Frank Capra in Mr. Smith Goes to Washington, the filibuster has historically been anything but a means by which a principled and heroic minority can hold out against the arrogant power of an evil majority. Despite the heroic image of Jimmy Stewart standing alone against the corrupt and the powerful, it's most often been the corrupt and the powerful who have made use of the filibuster.

It isn't the Jeff Smiths who have historically used the tactic. It's the Strom Thurmonds and the Richard Russells and the bullies who wanted to keep African Americans "in their place."

The filibuster, you see, was traditionally used by white racists to prevent civil rights legislation the majority of senators wanted to pass from ever coming to a vote. The elimination of the filibuster, and the provision of the Senate rules requiring a super-majority to cut off debate, was a virtual crusade among Northern Democrats from the 'Forties through the 'Sixties.

Now, those same people have suddenly fallen in love with tactic they fought so long, so hard, and so righteously to outlaw. The Republicans control both the White House and the Senate, you see- and generations of extremist judges who have used their position to legislate rather than interpret the legislation passed by Congress suddenly face the prospect of being joined by a large number of Bush nominees who propose to restore the separation of powers by acting as the judiciary, while leaving the legislating to Congress.

You know. Like the Founding Fathers provided in the Constitution.

What is going on is unprecedented. Never before has an extremist minority resorted to such tactics to prevent a duly elected majority from exercising its constitutional duty to advise and consent to the judicial nominations of a duly-elected President (yes, it's true that conservatives blocked the nomination of Abe Fortas to be Chief Justice back in the Johnson Administration- but that was a single nomination- and the action was roundly denounced as undemocratic and unfair by the same Democratic Party whose senators are holding up Mr. Bush's nominations en masse right now.) Somebody needs to drop the Democrats a note and break the news to them, be it ever so gently, that they lost the last election.

If you believe that elections should mean that the winners should be allowed to perform the duties of their offices; that the Constitutional separation of powers- all but destroyed by an activist, radical judiciary- should be restored; and that what's good for white racist Southern Democrats is also good for wild-eyed radical Democrats from the North, use this information to contact your senators- and let them know that you want the Senate to have the chance to vote on the President's judicial nominees!