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CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 and So out Into the Road the Three the Two Older Villains Did As They Had Mr

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May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10929 Leahy Obama Snowe state, to calm the dangerous seas vice, but here it is. And by considering Lieberman Pryor Specter Lott Reid Stevens which, from time to time, threaten to that advice, it only stands to reason Lugar Roberts Sununu dash our Republic against rocky shoals that any President will be more as- Martinez Rockefeller Talent and jagged shores. sured that his nominees will enjoy a McCain Salazar Thomas The Senate proved it to be true again kinder reception in the Senate. McConnell Santorum Thune Mikulski Schumer Vitter yesterday, when 14 Members—from The agreement, which references the Murkowski Sessions Voinovich both sides of the aisle, Republicans and need for ‘‘advice and consent,’’ as con- Nelson (FL) Shelby Warner Democrats; 14 Members—of this re- tained in the Constitution, proves once Nelson (NE) Smith (OR) Wyden vered institution came together to again, as has been true for over 200 NAYS—18 avert the disaster referred to as the years, that our revered Constitution is Biden Dorgan Levin ‘‘nuclear option’’ or the ‘‘constitu- not simply a dry piece of parchment. It Boxer Feingold Lincoln tional option’’—these men and women is a living document. Cantwell Jeffords Murray of great courage. Yesterday’s agreement was a real-life Corzine Kennedy Reed illustration of how this historical docu- Dayton Kerry Sarbanes As William Gladstone said, in refer- Dodd Lautenberg Stabenow ring to the Senate of the United ment continues to be vital in our daily lives. It inspires, it teaches, and yester- NOT VOTING—1 States, the Senate is that remarkable body, the most remarkable day it helped the country and the Sen- Inouye of all the inventions of modern politics. ate avoid a serious catastrophe. The PRESIDING OFFICER. On this I thank all of those Republicans and Mr. President, for this reason and vote, the yeas are 81, the nays are 18. Democrats who worked together to others, I ask that at the end of my re- Three-fifths of the Senators duly cho- keep faith with the Framers and the marks the agreement reached by the 14 sen and sworn having voted in the af- Founding Fathers. We have kept the Senators be printed in the RECORD. The PRESIDING OFFICER. Without firmative, the motion is agreed to. faith with those whose collective vision objection, it is so ordered. f gave us this marvelous piece of work, (See exhibit 1.) RECESS the Constitution of the United States. Mr. BYRD. Mr. President, I do this so Thank God—thank God—that this that we in the Senate and the Presi- The PRESIDING OFFICER. Under work has been done and that it has the previous order, the hour of 12:30 dent may all have a way of easily revis- been preserved, that a catastrophe has iting the text of that agreement for fu- having arrived, the Senate will stand been averted. in recess until the hour of 2:15 p.m. ture reference. Article II, section 2, of the Constitu- On the heels of this agreement, I be- Thereupon, the Senate, at 12:30 p.m., tion gives to the President the power lieve that we should now move forward, recessed until 2:15 p.m. and reassem- to nominate, and ‘‘by and with the Ad- propelled by its positive energy, in a bled when called to order by the Pre- vice and Consent of the Senate,’’ to new direction. We should make every siding Officer (Mr. VOINOVICH). ‘‘appoint . Judges of the supreme effort to restore reason to the politi- The PRESIDING OFFICER. The Sen- Court, and all other Officers of the cally partisan fervor that has over- ator from Colorado. United States. .’’ taken our Senate, this city, and our Mr. SALAZAR. Mr. President, I sug- There are two parts to that phrase: country. We must stop arguing and gest the absence of a quorum. the ‘‘advice’’ on the one hand, and the start legislating. The PRESIDING OFFICER. The ‘‘consent’’ on the other, and both must Divisive political agendas are not clerk will call the roll. be present before any President can ap- America’s goals. The right course lies The assistant legislative clerk pro- point any nominee to the Supreme someplace in the middle. It is our job ceeded to call the roll. Court or any other Federal court. It is, to work as elected representatives of a Mr. BYRD. Mr. President, I ask unan- therefore, a shared responsibility be- reasonable people to do what is right, imous consent that the order for the tween the U.S. Senate and the Presi- regardless of threats from any of the quorum call be rescinded. dent of the United States. angry groups that seem dedicated to The PRESIDING OFFICER. Without By its agreement yesterday, the Sen- intimidation. The skeptics, the cynics, objection, it is so ordered. ate is keeping that construct alive, the doubters, the Pharisees, those who f this shared responsibility between the are intoxicated by the juice of sour NOMINATION OF PRISCILLA President of the United States, on the grapes did not prevail and must not RICHMAN OWEN TO BE UNITED one hand, and the Senate of the United prevail. The 14 Republican and Demo- STATES CIRCUIT JUDGE FOR States, on the other. cratic Senators rose above those who The agreement that was obtained THE FIFTH CIRCUIT—Continued do not wish to see accord but prefer yesterday by the cooperation between discord. The PRESIDING OFFICER. The Sen- and among the 14 Members of the Sen- Chaucer’s ‘‘Canterbury Tales’’—we ator from West Virginia. ate—representing Republicans and have all read Chaucer’s ‘‘Canterbury Mr. BYRD. Mr. President, I read from Democrats—it was that agreement Tales’’ in high school—contains ‘‘The the King James version of the Holy that reminds us of the words of our Pardoner’s Tale.’’ Bible, from the 22nd chapter of Prov- Constitution, by encouraging the The story tells about the journey by erbs, the 28th verse: President of the United States, on the the pilgrims to Canterbury, to the Remove not the ancient landmark, which one hand, to consult with the Senate of shrine of Canterbury. The scene took thy fathers have set. the United States, on the other. In place in Flanders, where once there sat Mr. President, in his second inau- other words, the Senate will be in on drinking in a tavern three young men gural address, Abraham Lincoln ob- the takeoff, meaning prior to sending who were much given to folly. As they served that: up his nominees for our consideration. sat, they heard a small bell clink be- With malice toward none; with charity for In recent times—and by that I mean fore a corpse that was being carried to all; with firmness in the right, as God give us under Presidents of both parties—there the grave. Whereupon, one of the three to see the right, let us strive on to finish the has not been all that much consulta- called to his knave and ordered him to work we are in; to bind up the nation’s tion by the President with the Senate. go and find out the name of the corpse wounds. So here we are, in the Senate, offer- that was passing by. Mr. President, I have always believed ing the hand of partnership to the The boy answered that he already that the Senate, by its nature, attracts Chief Executive and saying: Consult knew and that it was an old comrade of and probably also creates men and with us. That is what the Framers in- the roisterers who had been slain, women of the quality and character tended, that the President of the while drunk, by an unseen thief called who are able to step up when faced United States should consult with the ‘‘Death,’’ who had slain others in re- with crises that threaten the ship of Senate. You don’t have to take our ad- cent days. VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10930 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 And so out into the road the three the two older villains did as they had Mr. President, it is easy to tear young ruffians went in search of this planned. One threw his arm, as if in down, but it takes a long time to build. monster called Death. They came upon jest, around the shoulders of the third, We have been 217 years in building this an old man and seized him, and with and both buried their daggers in him. Senate, making it what it was intended rough language they demanded that he He fell dead on the pile of gold. The to be by the Framers who wrote it 219 tell them where they could find this other two villains then sat down, broke years ago, who established three equal cowardly adversary who was taking the the bread, cut the cheese, and opened coordinate branches of Government, lives of their good friends around the the two bottles of wine. Each took a who established a separation of powers, countryside. good, deep swallow, and then, suffering who established checks and balances in The old man pointed to a great oak a most excruciating pain, both fell this Constitution of the United States. tree on a nearby knoll, saying, ‘‘There, dead upon the pile of gold and upon the The work of those Framers and the under that tree you will find Death,’’ body of the third.
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