Founders' intentions may be casualty in fight over judges - USA Today

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http://www.usatoday.com/news/opinion/editorials/2005-04...

When the Founding Fathers were establishing the political ground rules for a new nation more than 215 years ago, they were determined not to give anyone, or any group, too much power. That sound principle is under attack in Washington in the fight over filling federal judgeships.

The Founders deliberately divided authority among Congress, the president and the courts, each to be a check on the others. They split Congress into a House and a Senate that would have to agree on all legislation, a defense against political stampedes. And the Senate, which they called "the saucer that cools the tea," was created with no limit on debate.

Any senator could, by continuing to talk, prevent any issue from being brought to a vote. That check, which later became known as the filibuster, ensured that the majority of the moment couldn't ride roughshod over a concerned minority. Over time, Senate rules were modified to permit 60 members to cut off debate and order a vote. But the principle of deferring to a significant minority has been honored — until now.

Senate Majority Leader Bill Frist, R-Tenn., under pressure from the religious right, is considering a backdoor scheme to circumvent the rules of the Senate and allow the most controversial choices for federal judgeships to be pushed onto the bench by a bare majority. Ten of President Bush's judicial nominees were filibustered in the last Congress; seven have been renominated and could come up for a vote soon. This battle is considered a dress rehearsal for the fight over the next Supreme Court nominee.