Cheif Justice Scalia? (user search)
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  Cheif Justice Scalia? (search mode)
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Poll
Question: Will we have a new chief justice by end of March?
#1
Yes, Scalia
 
#2
Yes, Thomas
 
#3
Yes, somebody else
 
#4
No, the old man hangs on.
 
#5
No, the issue will drag out.
 
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Partisan results

Total Voters: 40

Author Topic: Cheif Justice Scalia?  (Read 5884 times)
J. J.
Atlas Superstar
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Posts: 32,892
United States


« on: November 03, 2004, 03:20:09 PM »

what does it matter who is cheif justice?

i always thought it was more symbolic?  does anyoe know what special power they have?


Very little, they can designate who will write for the majority, if they are in the majority, but the other members cannot be compelled to sign on to it, writing concurring opinions.

He has some appointing power of Supreme Court officers, but nothing major.
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J. J.
Atlas Superstar
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Posts: 32,892
United States


« Reply #1 on: November 03, 2004, 04:31:32 PM »

It might be possible to circumvent the cloiture rule; such tactics are not unknown.
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J. J.
Atlas Superstar
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Posts: 32,892
United States


« Reply #2 on: November 03, 2004, 07:17:20 PM »

Is there any way to stop the filibuster without 60 votes

In theory, a rule revision might be possible.  When you have a majority of the entire membership, you can play around with some things.  You need to get someone in there that are very good at this type of thing.  There aren't too many parliamentarians out there, and a lot fewer that can really pull something this off.

Ah, but when it's done, it's a thing of beauty.
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J. J.
Atlas Superstar
*****
Posts: 32,892
United States


« Reply #3 on: November 03, 2004, 07:18:57 PM »

Is there any way to stop the filibuster without 60 votes

Yes.  The Senate could change their rules on how many votes are needed for cloture.  It's not like it's in the Constitution.  However, they would need 60 votes for cloture on the rule change ;-).

Ah, you could adpt a rule that permits a majority to suspend any adopted rule; it depends how the rules are witten.
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J. J.
Atlas Superstar
*****
Posts: 32,892
United States


« Reply #4 on: November 03, 2004, 07:28:39 PM »

Is there any way to stop the filibuster without 60 votes

In theory, a rule revision might be possible.  When you have a majority of the entire membership, you can play around with some things.  You need to get someone in there that are very good at this type of thing.  There aren't too many parliamentarians out there, and a lot fewer that can really pull something this off.

Ah, but when it's done, it's a thing of beauty.

Yes this is what I was thinking of  I read somthing on this it sounds very complex but possible.

You have to get to the right person, generally someone with an exceptionally understanding of history, the ability to understand rules and precedents, the ability to think outsode of the box, and the morals of a boa constrictor.  ;-)
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J. J.
Atlas Superstar
*****
Posts: 32,892
United States


« Reply #5 on: November 04, 2004, 08:45:57 AM »

When they adopt the rules at the beginning of the Congress the 3/5 cloture rule could be revised or eliminated.  However, what goes around comes around.  The GOP will not be able to hold onto the Senate for ever.  If the Senate reduces the margin, it will stay reduced and keep the GOP from being able to filibuster when they return to the minority.  I can't see the GOP beng so reckless as to eliminate the filibuster.  Lowering the margin is possible tho.  At one time it took a 2/3 majority to cut off debate. 

4/7 = 58
5/9 = 56
6/11 =55

Well, If the GOP can do it, it would be possible for the Dems to do it as well.  The mere threat to do it may be enough to convince the Dems not to filibuster in ths case.
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