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Regional > North America > United States > Government > Legislative Branch > Senate > Rules
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Filibuster Derails Supreme Court Appointment
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http://www.senate.gov/artandhistory/history/minute/Filibuster_Derails_Supreme_Court_Appointment.htm
Article from the United States Senate.
Briefing on Filibuster and Cloture
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http://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm
Background information from the U.S. Senate Historian.
Wikipedia: Filibuster
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http://en.wikipedia.org/wiki/Filibuster
Includes an overview and history.
President Calls for Action on Judicial Nominations
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http://www.whitehouse.gov/news/releases/2003/03/20030311-1.html
Text of a letter from the President to Senator Frist and Senator Daschle.
Floyd Riddick on Cloture and Filibusters
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http://www.senate.gov/artandhistory/history/resources/pdf/Riddick_interview_4.pdf
Interview with a former Senate Parliamentarian, including discussion of whether the Senate is a "continuing body."
Harvard Journal of Law and Public Policy: The Constitutional Option
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http://www.law.harvard.edu/students/orgs/jlpp/Gold_Gupta_JLPP_article.pdf
Martin Gold and Dimple Gupta describe ways for a simple majority of Senators to change the text or interpretation of Senate rules, without being stopped by a filibuster.
Jefferson on Politics & Government: Majority Rule
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http://etext.lib.virginia.edu/jefferson/quotations/jeff0500.htm
Jefferson's political philosophy in his own words. Contains the founding principles of American self-government.
The Supreme Court and the Constitution
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http://newdeal.feri.org/court/cushman.htm
This essay includes a discussion of, essentially, allowing a minority of three supreme court justices to filibuster any attempt by the other justices to strike down a statute.
WBUR.org : The Filibuster Battle
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http://www.theconnection.org/shows/2003/06/20030611_a_main.asp
Recording from a radio show debating the fairness of using a filibuster.
FindLaw's Writ: With a Potential Supreme Court Nomination At Stake, Questions of The Filibuster's Constitutionality Linger
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http://writ.news.findlaw.com/amar/20030613.html
Part I of article by Professor Vikram Amar analyzing the ability of the U.S. Senate to change its filibuster rules by a simple majority vote, instead of by the 2/3 vote specified in Senate Rule 22.
FindLaw's Writ: Can the Senate Bind Itself So that Only a Supermajority Can Change Its Rules?
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http://writ.news.findlaw.com/amar/20030627.html
Part II of article by Professor Vikram Amar discussing a so-called nuclear option to end filibusters of judicial nominees in the U.S. Senate.
The Case Against the Senate Filibuster
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http://fairvote.org/reports/1995/chp6/richardson.html
Former Attorney General Elliot Richardson argued that filibusters of legislation should be eliminated.
The Jellyphants: Invertebrate GOP abandons Miguel Estrada
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http://shinbone.home.att.net/jphant.htm
Senate Republicans are criticized for not standing up to defend Miguel Estrada and his nomination to be a federal appeals court judge.
The American Thinker: Judicial Nominee filibusters and Senate Rules
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http://www.americanthinker.com/2005/02/judicial_nominee_filibusters_a.html
Contends that filibusters of nominees violate US Senate Rule 31.
CBN News: Stemming the Tide of Judicial Activism
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http://www.cbn.com/CBNNews/News/041112a.aspx
Interview with C. Boyden Gray, former White House counsel to George H.W. Bush.
Free Republic: Frist Backs Rule Change on Judges
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http://www.freerepublic.com/focus/f-news/1175573/posts
Describes various strategies to overcome filibusters of judicial nominees in the U.S. Senate, such as a rule change or extending the legislative day.
When a Majority Is Denied Its Right to Consent
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http://judiciary.senate.gov/hearing.cfm?id=744
Testimony and statements from witnesses at a hearing in May 2003.
Judicial Nominations, Filibusters, and the Constitution
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http://www.access.gpo.gov/congress/senate/pdf/108hrg/90460.pdf
May 6, 2003 U.S. Senate hearing report.
National Review: Crisis Mode
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http://www.nationalreview.com/comment/hatch200501120729.asp
Senator Orrin G. Hatch presents a "fair and constitutional option to beat the filibuster game."
Senate Resolution 138 of the 108th Congress
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http://thomas.loc.gov/cgi-bin/query/z?c108:S.RES.138:
The text of an amendment to U.S. Senate Rule 22 regarding filibusters of judicial nominees.
Hearing on Senate Rule XXII
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http://rules.senate.gov/hearings/2003/060503_hearing.htm
A record of the statements made by witnesses at a hearing in June 2003.
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