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A Few More 'Nuclear Options'
by Bill Shein

"Some Republicans are pushing to alter the Senate's rules so that a simple majority could cut off debate on judicial nominees ... The magnitude of this transformation of the rules is suggested by the nickname it has acquired within the Senate: the 'nuclear option.'" -- The New Yorker

"Although frustrated Senate leaders have resorted in the past to tactics involving at least some aspects of the nuclear option, none of the confrontations approached the significance -- or political explosiveness -- of the current dispute, with implications stretching beyond the issue of judicial nominations." -- Washington Post


To: All Senators
From: Republican Leadership
Re: New Senate Rules

1. When Senate Democrats arrive for work, they must first gather outside the Republican cloakroom, arrange themselves in height order, and allow arriving GOP senators to smack them in the back of the head.

2. Prior to the start of the Senate's morning business, Democratic senators shall provide bagels, coffee and doughnut holes for their Republican colleagues.

3. When a roll-call vote is required, the clerk shall call the name of every Republican senator and record each senator's "yea" or "nay" until all Republicans have voted. At that point, the clerk may leave for the day.

4. In the allocation of office space, each Democratic senator shall be granted one small card table and one metal folding chair, both of which shall be placed outdoors on the eastbound side of Constitution Avenue -- except in winter, when the table and chair may be relocated to the westbound side.

5. When a Republican senator drops a new bill into the hopper on the clerk's desk, it shall immediately become law.

6. Senate Democrats may no longer use a filibuster to thwart the daily 5:30 p.m. vote on the "Looks Like It's Time to Send the Democratic Senators Out to Buy Us Some Chips and Beer" Act.

7. When Senate Democrats roll over (yet again) on ridiculous tax cuts for the wealthy or huge giveaways to corporate America, they must first lie down on the floor of the Senate and literally roll over. This must be done in plain view of the C-Span television cameras.

8. Democrats may continue to attend committee hearings and legislative mark-up sessions, but may no longer propose amendments, cast votes or speak. They must also keep their eyes closed. In fact, it would probably be best if they just listened from the hallway.

9. If we ever waive the rules and allow Democrats to speak during a committee debate, each Democratic senator must begin his or her remarks with this statement: "What follows are the wrongheaded, silly and utterly preposterous thoughts of a feeble mind."

10. When referring to GOP senators, in place of the phrase "my distinguished colleague," Democrats must now say, "My brilliant, witty and unbearably sexy friend …"

11. While seated in the Senate gallery, supporters of the Republican majority may heckle, taunt, mock, tease, jeer or throw pointy objects at Democratic senators without fear of being ejected by the sergeant-at-arms. Additionally, hecklers who chant angrily -- in the style of the GOP's 2000 Palm Beach Recount Hallway Strike Team -- will be entered in a drawing to have Majority Leader Bill Frist record a hilarious outgoing message on their answering machine!

12. When debating issues related to the invasion of Iraq, Senate Democrats must wear a T-shirt that says: "How pathetic is it that our party's most eloquent anti-war voice is that of Sen. Robert Byrd -- an 87-year-old former Ku Klux Klan member who filibustered the 1964 Civil Rights Act? Extremely pathetic."

13. FYI, next Thursday the Senate Rules Committee will be replaced by a laptop computer running Diebold's new IronFist™ Legislative Debate Management software.

14. Next time there is a Democratic president, and Republicans -- as they did during the 1990s -- derail dozens of judicial appointees using tactics like the "anonymous hold" or not even scheduling a hearing, Democrats are not allowed to mock the GOP's likely explanation: "Our tactics are, uh, totally different than, um, the filibuster. Why? Because, uh, a senator's anonymous hold on a judicial nominee is, like, totally constitutional, dude, because, um, gee. Whoa! We're out of doughnut holes and coffee! And Senate rules require you to go out for more! See ya!"

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Bill Shein likes to remember that just 10 of the president's 214 first-term judicial nominees were blocked. (It might be a Trivial Pursuit question some day.)

(This column originally appeared in the Berkshire Eagle newspaper on March 6, 2005).

 


Copyright © 2003-2008 by Bill Shein
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