What’s Unconstitutional?

Josh Marshall makes one of the more salient points in the filibuster/nuclear option stand-off. Namely, Republicans consistently declare that they want judges who interpret the constitution strictly as written, without shading it with their personal politics. The nuclear option is supposedly a way for them to ensure that such judges are confirmed. However, the nuclear option itself consists of Vice President Cheney ruling filibusters (on judicial appointments) to be unconstitutional – a viewpoint that seems to require a very specific political temperament.

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