On the recordJuly 11, 2013
I want to speak about a subject that is on the hearts of most of us now as we approach not what is a coming constitutional crisis, but what is already a constitutional crisis because this body is not functioning as the Constitution intended. The minority, under the rules of the Senate, is protected and has been. In the early days of the Senate, there was no cutting off of debate. In the early 1900s, a level, a threshold of 67 was established in order to cut off debate. Then, after the abuses of that filibuster requirement to cut off debate in the abuses in the civil rights era, indeed, the threshold was lowered to what we have in the Senate rules today--60. But we are seeing that it is being abused. Under the Constitution we have the checks and balances of the separate branches. But when a President is elected, the President is entitled to have the people he wants to advise him to be a part of his team to be confirmed. It has always been the practice under the Constitution to have, not a supermajority vote, as is required for treaties, but a simple majority vote in the approval of the nominations. The issue in front of us is whether the President will be entitled to have approved by the Senate the people he has put forth to head the agencies and the Departments of his administration. That is what has brought us to the constitutional crisis where we are now finding ourselves ready to act.…





