Saturday, December 13, 2008


6063 E. Rosewood
Tucson AZ 85711
Phone 520 514 7836 Fax 520 514-7088
Cell 520-400-5905

December 13, 2008

Edward Kaufman, Chief of Staff
Office of Senator Joseph R. Biden
201 Russell Senate Office Building
Washington, DC 20510-0801

Regarding: Senate Rule XXII and President Obama’s and Vice President Biden’s promise of hope and change

Dear Mr. Kaufman:

Congratulations!!! You are soon to be a Senator yourself. That is why I, a resident of Arizona, and I claim a Sovereign Citizen, am writing to you. You are also very close to Senator Biden and that is another reason. I will soon be a constituent of VP Biden, and I have always considered that I am a constituent of all Senators. I trust that you also will recognize a duty to all of us and not just the voters of Delaware.

I am the outraged voter-citizen who filed the suits challenging the constitutionality of Senate Rule XXII in the 1990s when the filibuster was used to thwart our majority will and Bill Clinton’s proposed stimulus package. We are again confronted with the same problem: Certain Senators are sure to use the filibuster to thwart political and economic solutions to our imminent second Great Depression. The filibuster can and will be used to thwart control of global warming, regulation of Wall Street, and a sustainable energy policy. Just as the filibuster was used for 100 years after the Civil War to prevent enactment of a law against lynching, the filibuster now can and will be used to drive many of us into the economic law of the jungle and possibly starvation. It will surely be used to impede pragmatic legislative solutions and experiments in a wise way to see what really works to deal with our problems.

It makes good sense to require 60 votes or even 67 votes to confirm Judicial appointments when such nominations require the advice and consent of the
Senate, and when these Judges serve for life and can only be impeached or removed by a 2/3 vote.

It is simply a “bloodless coup” for the Senate to require more than a simple majority of those Senators present to enact political and economic reforms or anything else that can always be done away with by the next Congress.

I ask, I beg that you and Vice President Biden face the many crises that we all face and implement our majority will as voters by using the “constitutional option” aka the “nuclear option” to implement our majority will.

I am writing to you now so that you and Vice President Biden can carefully plot your strategy, enlist the support of a majority of Senators, and draft Vice President Biden’s ruling now that would end unconstitutional use of the filibuster.

You could move and VP Biden could rule, when the necessary “option” motions are made to avoid the filibuster, something like the following:

“The Chair rules that when legislation or appointments are proposed that can be cancelled or reversed by the next Congress, the Constitution compels Senate Rule XXII with its 60 vote requirement to close debate to be unconstitutional. For such legislation, the Chair rules that the Constitution compels action by vote of a simple majority of a quorum of those Senators present and voting. The Chair rules that Senate Rule XXII with its 60 vote requirement insofar as it applies to judicial appointments for the life of the nominee which can be undone only by a 2/3 vote of impeachment, is constitutional.”

I hope that you and Vice President Biden will exercise the leadership necessary to do this successfully.



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