Published March 2005 — Download PDF of the original newspaper column
Byrd's-Eye View
By U.S. Senator Robert C. Byrd
Defending Free Speech in the Senate
Debate in the Senate soon will turn to the "nuclear option." This is no terrorist plot or military action aimed at a foreign country. The nuclear option is a weapon aimed at the heart of the United States Senate, namely, the right to free speech. The nuclear option is a procedural maneuver that threatens to eliminate the right to unlimited debate in the Senate, the world's premier deliberative body. The Senate has confirmed a record number of President Bush's judicial nominees -- 204 men and women. Seven nominees did not win Senate approval. Yet, these same seven have been renominated by the President and, to force a vote on them, some Senators plan to eliminate the filibuster of judicial appointments for all time in the Senate. Ending the filibuster would eliminate the last line of liberty. Free and open debate in the Senate ensures that citizens have a say in their government. The American people are heard, through their Senators, before their money is spent, before their civil liberties are curtailed, or before a judicial nominee is confirmed for a lifetime appointment. Eliminating the filibuster would silence the people's voices. It would start by shutting off debate about judges, but likely would not end there. The nuclear option could stop a Senator from speaking on issues important to gun owners, to farmers, to senior citizens, or to working families. Once the nuclear option is launched, there is no stopping it. This is not a matter of partisan politics. I would oppose the nuclear option just as strongly if it were proposed by a Democratic president. Why? Because the nuclear option targets the very freedom to speak out in the protection of the people's liberties. The Constitution's Framers intended the Senate to be the last line of defense against tyranny. They meant for Senators to speak out against any would-be dictator or power grab by an overreaching Executive Branch. This requires that Senators have the right to speak, perhaps without limit, and draw attention to new or differing viewpoints. Yes, Americans believe in majority rule, but we also believe in minority rights. We recognize that the majority is not always correct. This is a nation built by God-fearing people who want to preserve liberty. Whether one agrees or disagrees, the people's liberties can be truly secure only in a Senate where all views can be freely voiced and heard. March 27, 2005