gave the Democratic response to the President's radio address today and warned that the Republicans were seeking a "tyranny of the majority" by doing away with the filibuster of judicial nominations.
Cuomo, in the Democratic Party's weekly radio address today, said Senate Republicans "are threatening to claim ownership of the Supreme Court and other federal courts, hoping to achieve political results on subjects like abortion, stem cells, the environment and civil rights that they cannot get from the proper political bodies."
"How will they do this? By destroying the so-called filibuster, a vital part of the 200-year-old system of checks and balances in the Senate," Cuomo said.
Then Cuomo brought out a Democratic Talking Point that the Democrats in the Senate actually represent more people than the GOP
because they represent some of the more populous states. Doesn't Cuomo remember that whole Great Compromise deal at the Constitutional Convention? The Senate was never supposed to be
representative of population.
Which body is it that is determined by population? Can you say House of Representatives? I knew you could. And which party controls the House of Representatives? The Republicans do, don't they? Which candidate got the bigger popular vote in 2004? George Bush did. Remember how Democrats used that argument in his first term? Bush, they argued, shouldn't get his nominees through because he lost the popular vote. We haven't heard that much now, have we?
Cuomo just ignores the history of the Constitution. If the Founders had wanted the Senate to be determined by population, they could have accepted James Madison's Virginia Plan
at the Convention, but they didn't. So, we have to deal with the fact that Rhode Island has as many Senators as California.
It's an effective argument for their side; probably their best emotional argument: fairness and all that. But it doesn't hold water.