Madam President, I commend the Senator from Pennsylvania on his remarks. For the moment that he is here, I want him to hear me say something. I make the remarks I am about to make with a full understanding, were I in the minority party and…
Madam President, I commend the Senator from Pennsylvania on his remarks. For the moment that he is here, I want him to hear me say something.
I make the remarks I am about to make with a full understanding, were I in the minority party and this another day, I would need to make exactly the same speech and take exactly the same position. You see, I am new here, but I have learned something very quickly. The words you say today will be the words repeated to you tomorrow.
I learned something else. The genie came out of the bottle in the 108th Congress. Whether it was Democrats or Republicans, one day somebody would ultimately have to decide: Was the filibuster intended to be used on advice and consent?
With all due respect to everybody I have heard, it is just incorrect to say that to do away with the filibuster is going to make us a rubberstamp body.
Go ask Clarence Thomas if this place was a rubberstamp body, or Justice Bork. Think about the confirmations, most contentious in the last 20 years. Nobody invoked a filibuster. One of those justices was confirmed. One was not.
There are many responsibilities of the Senate that are designated in the Constitution. Impeachment is one. Whoever heard anybody filibustering an impeachment? Did you? The Constitution says the Senate will conduct that trial, as it says the Senate will advise and consent on treaties--by two-thirds majority. And on justices of the court-- simple. It doesn't say maybe. It doesn't say if you feel like it. It is not even confusing. I have it in my pocket. I read it right before I came over here just to make sure I hadn't missed something because I heard twice today people say this document, the Constitution, doesn't say things that it does say.
I rise also, understanding how important the words are, because the second speech I made in the Senate, the first week of February this year, there was nobody in the Chamber. I've got a bigger crowd with the Senator from Pennsylvania than I had. It was early in the morning. It wasn't much of a gallery. I figured nobody was listening. The distinguished Democratic leader quoted me seven times since I made that speech.
I want to address that quote for a second.
You see, I told the story of being in Baghdad and talking to a Sunni, a Shiite, and a Kurd and asking the Kurd: Well, now that you are in the minority, aren't you scared the Shiites are going to run over you? And he said: Oh, no, we will use filibuster.
I thought that was a great remark. Here was a Kurd from the north of Iraq, in a place that had just won its liberty thanks to the blood, sweat, and tears of the United States of America, and he was reading Adams and Jefferson and studying us.
The next thing I know, the distinguished Mr. Reid from Nevada says I said that to endorse a debate over whether or not the filibuster should be used on the confirmation of a judge.
I don't blame him. But just so the record is set straight, he is quoting a Kurd who read about America, who is in the process of writing their constitution which, I presume when it is finished, will provide for a filibuster over issues but not a filibuster to be used to obstruct the justice of the new democratic nation of Iraq.
I know my time is short. But I want to make some observations. I want to make my remarks in the context of Justice Brown. I know that Mrs. Owen is the current topic of discussion, about which at some point in time we hope there will be a vote, but Janice Rogers Brown is around the corner, and I felt like, after listening to all these debates, nobody is really talking about anybody's qualifications. Have you noticed that?
Even one of the deals that was offered was: tell you what, we will approve any five, you just give us two we are not going to approve.
Does that tell you they care anything about qualifications? Why, if you thought there was an unqualified judge, would you let the other side pick five and not pick two? I don't think qualifications are the issue. I understand that. That is another reason why I say this is not a superfluous argument, were we in the minority and it was still being decided, and had the roles been on the other side. And it is important that we decide it today.
Janice Rogers Brown was born in 1949 in the Deep South. I was born in 1944 in the Deep South.
When Janice Rogers Brown was born, I don't know that her parents ever envisioned that she would be a supreme court justice in the State of California. When I was born, I doubt my parents envisioned that I would be a Senator. However, in 1944, for a male white child born in the South, it was possible to be a Senator. In 1949, in the South, in Alabama or Georgia, it would not have
been possible for a parent to dream that for a female black child.
In my lifetime of studying this body, the most prevalent use of the filibuster was by southerners in the debates over the civil rights laws in the 1960s. The filibuster was used to protract the ultimate passage of those laws. It finally failed. Our country did what was right and those laws were passed.
I would hope that today the filibuster would not be used to deny an up-or-down vote on Janice Rogers Brown because every parent deserves to dream for every child that they will have the chance--not the guarantee--but the chance. These justices who have been nominated by our President deserve an up-or-down vote. No one in here has challenged anybody's right to vote yes or no. But they have challenged the fact that, yes, every one of them deserves a vote, and that is what this debate is all about.
So, as one who is new to this Chamber but understands how important this debate is, I rise to repeat that I will vote to support a vote, up or down, on every nominee. Understanding that, were I in the minority party and the issues reversed, I would take exactly the same position because this document, our Constitution, does not equivocate. It designates that responsibility to the Senate. I repeat, we are not breaking an old rule, we are addressing an issue that was raised in the last Congress as to where the filibuster would apply. It must be decided, and we must be diligent in our debate, respectful of the differences of opinions but, in the end, understanding of our responsibility as Members of the Senate and those elected to represent those who brought us here.
Madam President, I see my time is about up. If the Chair will inform me, I believe I have 2 minutes.
I will close by going to a quote I heard earlier today by the distinguished Senator from Massachusetts, who talked about the history of judicial confirmation, and my understanding of history is the same as his. The distinguished Senator said the first two times our Founding Fathers worried about writing the Constitution, they were going to designate the appointment of judges to the Senate. It was only on the third meeting that, at the Constitutional Convention, they determined it be a joint responsibility: Nomination by the President, confirmation by the Senate.
The distinguished Senator is absolutely correct. He described it as a dual responsibility. It would be irresponsible for the Senate to avoid expressing itself in advice and consent on the qualification of any nominee. To do anything other than that which the Constitution designates to us would be to abrogate our responsibility. Our Founding Fathers were right over 200 years ago, and our leader, whom I commend, is right today. I hope when this debate ends, whether through negotiations or a vote, the men and women nominated to the Federal bench of the United States of America will know, not that they are guaranteed a judgeship, but they are guaranteed to know how the Members of the Senate voted on whether or not they would be confirmed.
I yield the floor.
Madam President, I suggest the absence of a quorum.