http://www.startribune.com/stories/1519/5385977.htmlDavid Durenberger and Walter F. Mondale: Preserve Senate rules, filibuster and all
May 5, 2005 MONDALE0505
The American people should know that the proposed repeal of the filibuster rule for judicial nominees by majority vote will profoundly and permanently undermine the purpose of the U.S. Senate as it has stood since Thomas Jefferson first wrote the Senate's rules. We join together, across party lines, in an urgent plea of support for the current Senate rules.
Today, as it has been for 200 years, an individual senator may talk without limit on an issue; and others may join in, and they may continue to press those issues until or unless the Senate by 60 votes ends that debate and a vote occurs. No other legislative body has such a rule.
Why? Well, the Senate, with two senators from each state, armed with six-year terms, was intended to provide broader geographical representation than was the House of Representatives. The Senate was expected to deliberate and debate, to weigh and ponder significant national issues and to advise and consent on presidential nominations.
Today's rules allow a screening of judges by the Senate. Most presidential nominees are confirmed, but there are always a few instances where the nominee is unable to obtain the Senate's approval. We think this process has been good for the judiciary and good for the country. This Senate rule has led to a stronger, less partisan, truly independent court. Weaknesses in judicial nominees are usually exposed in bipartisan Judiciary Committee hearings. If presidential pressure forces a partisan vote on the floor, you can often count on a bipartisan vote on the floor not to confirm. Both of us have seen this happen and value this exercise of checks and balances.
-more-