The Constitution trumps any little Senate Rule and the Dem's don't get that, and they never will because they don't believe in the people and their ability to make their own decisions! Just like they don't believe that the second amendment lets people bear arms, despite it's language, "the right of the people to keep and bear Arms, shall not be infringed."
Most everyone has concentrated on the political aspects of the battle, but David Limbaugh hit's it on the head with this one. He points out that the Dem's are politicking:
The reason we're even talking about a so-called " nuclear option" is that Democrat leaders remain in denial about their consistent drubbing at the ballot box. They won't accept that the public has rejected their message.
This whole flap is not that complicated. Republicans won the presidential and congressional elections. The Republican president is therefore entitled under the Constitution to appoint judges, with the Senate having the right to pass on the competency and character of the nominees.
But the bottom line is:
The Senate does not have coequal authority with the president on judicial appointments as the advice-and-consent function was not intended to confer veto power on the Senate.
Democrats can talk until they're blue in the face about Republicans tinkering with the system by invoking a Senate rule change. But in the first place, it is just that: a Senate rule change, and as I said, the change is only necessary to correct the Democrats' abuses and usurpations of power.
The reason Democrats are filibustering judicial nominees is that they refuse to play by the rules and allow the duly elected president and Congress to exercise their constitutional authority. No one's asking them to lie down or forfeit their minority rights, merely not to break the rules to obstruct the majority.
Under our system, the people elect the president and Congress, and those two branches set policy for the government. The judiciary was never intended to be a policy-making branch. Yet Democrats, for decades have been willfully violating the Constitution by using the courts to make laws and set policy -- often in derogation of the policies already set by the other two political branches.
In an astonishing demonstration of chutzpah, Democrats have been complaining about Republicans threatening the independence of the judiciary when Republicans say they want to take action to force the judiciary to revert to its non-political, independent role. Democrats haven't respected the independence of the judiciary since before the Warren court era of judicial hyper-activism.
It is laughable that they demand an independent judiciary when what they really want is a judiciary they handpick for the express purpose of implementing policy they can't otherwise achieve through the political branches of government. They see the judiciary as both a high-powered vehicle to thwart the democratic will of the people and as a weapon for their side to use in the Culture War. They view the judiciary as a catalyst for social change, an instrument to supplant traditional values with secular relativism, and all the hedonism and licentiousness it entails.That's why they seek to divert attention from the real issues involved in the judicial nominations debate and demonize the messengers...
Great analysis, read the whole thing.