Impending Constitutional Crisis in U.S. Senate

IMPENDING CONSTITUTIONAL CRISIS IN U.S. SENATE -- (House of Representatives - May 04, 2005)

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Ms. FOXX. Mr. Speaker, I rise again today to add my voice to the chorus that is convened in this House Chamber to denounce the grave disservice that the Senate Democrats are doing to our fellow Americans. I am pleasantly surprised at how many people at home keep encouraging me to do all I can to see that the judges that the President has nominated become confirmed.

When the Framers of our Constitution brilliantly crafted the greatest form of government on earth, they deliberately installed a detailed system of checks and balances, and I think the point that the gentleman from Iowa (Mr. King) has made is very, very important. Where we needed super majorities, they outlined that in the Constitution. Otherwise, simple majorities are sufficient.

And under that system, judges and courts are not supposed to legislate, and legislators are not supposed to make court decisions. However, by refusing to do their jobs and not even considering judicial appointments, Democrats in the Senate are making a mockery of the government our forefathers put their lives on the line to obtain.

Mr. Speaker, just as many of my colleagues and I frequently contest the dangerous trends and practices of activist judges, we have gathered this evening to oppose the equally dangerous activities of partisan activist Democrat senators, or should I say, inactive senators.

As any student of American government knows, it is the job of the President to nominate fellow Americans to serve as Federal judges, and it is the job of the Senate to approve or reject those nominations. It is a simple system that guarantees proper checks and balances in the manner our forefathers envisioned. Over the past 2 years, though, Senate Democrats have exploited parliamentary loopholes to prevent the Senate from voting up or down on many of President Bush's highly qualified nominees. They are hiding behind the Senate filibuster to judicial nominees who have the support of the majority of the Senate, something which has never been done before in American history. They are not asking for time to debate these nominees, they are not going to the American people and explaining why they oppose them, they are not even attempting to persuade their Republican colleagues to vote no. No, they are just refusing to vote, and that is wrong.

I stand for this simple proposition that every judicial nominee of the President deserves a fair yes or no vote. If Democrats do not like the President's nominees, they can vote no; but to avoid voting all together is a dangerous disservice to our Nation.

I urge Democrats in the Senate to stop playing politics with our justice system and to start doing their job. I hope the Democrats in the Senate are using their time off this week to contemplate their recklessly irresponsible actions. It is time to put partisanship aside, like many of my sensible colleagues have done in the House.

With no real agenda coming from their leadership, constructive Democrats have found a legislative home with House Republicans this year. As the Republican Party has made great strides for our Nation during the first few months of this Congress, many House Democrats have joined the majority in working for a better America.

Mr. Speaker, 73 Democrats voted to pass bankruptcy reform; 50 Democrats voted for class action reform; 42 Democrats voted for the Real ID Act; and 122 Democrats voted for Continuity in Government; and 42 Democrats voted to repeal the death tax.

Mr. Speaker, the Republican Party is accomplishing great things for America every day. Many House Democrats have joined in that progress. I hope the Democrats in the Senate will put their partisan, irresponsible instincts aside and do their job when they return to Washington. Stop the filibuster on judicial nominees and put them to a vote.

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