Quote:
Originally posted by sgtclub
As I understand it, and I may have the facts wrong, Fortas did not have support in the full Senate, which was then controlled by the Dems, so the filli was bipartisan.
|
I think your facts are wrong. The Republicans tried to filibuster Fortas, and failed. There may have been some Dems joining them, but I would doubt it, since Fortas was a pal of LBJ's.
Quote:
|
I don't think this sheds any light on the question of constitutionality. Why would it? It's constitutional because we did it before?
|
Exactly. Did you miss Con Law? The fact that it's been done indicates that it's OK, unless you -- like Clarence Thomas -- don't believe in
stare decisis. Which is a very strange thing for a "conservative" to say, since it's the polar opposite of conservatism. A respect for precedent, and for the fact that the filibuster has been around for a long time, would ordinarily lead "conservatives" to accept its constitutionality.
