“Separation of Powers” · Season 5
In this episode: Josiah Bartlet (2), Josh Lyman (2), Toby Ziegler (2), C.J. Cregg (1), Leo McGarry (1), Donna Moss (1), Joe (1)
It's all compromises, now. The ones who have no record of scholarship; no body of opinions, nothing you can hold them to. That's who they'll confirm. Raging mediocrities...I have good days and bad. But on my worst days, I am better than the amped-up ambulance chasers you could get confirmed by this Senate. You can't do it, Jed. You're not strong enough. The Speaker's running the table and I can't take a chance.
Okay, but I've got to be careful about saying "man."
Why, because--? Oh, c'mon!
You'd be surprised. I get letters.
Fine, "human being," then, or do the other mammals complain?
No, Leo, how is this acceptable? Haffley's not the prime minister, you take this to the president, you'll know what he'll say?
He'll say yes.
How can you say that?
To keep the lights on! To make sure a couple of million government employees keep getting paid. It's two more months...
This isn't governing, it's duck and cover.
He'll say that too.
What happens if we don't get a budget deal?
Get another continuing resolution.
See, here's what I don't get. Every year we take these continuing resolutions like the dog ate our homework...
The Republican majority, but you're close.
How come people aren't outraged? The rest of the country can't take endless amounts of time to finish their work.
Well, you're forgetting the beauty of the federal budget process.
What's that?
No one understands it.
You used to clerk for the Chief Justice. That's interesting.
Is it? I don't know, I mean if you find it interesting...
I've just never heard you mention it. Guys around here with two-bit appellate courtships staple it to their foreheads.
I can't do it, Toby, I'm sorry.
You haven't even heard what I'm going to say.
You want me to do the approach, about getting him to resign.
I didn't say that.
I can do the math. You've got a limited amount of time to pick the next guy and get him confirmed before the midterms politicize everything. But I work for you. It's a question of propriety.
I see.
Do you? The White House can't be seen as pressuring a Supreme Court Justice to change his breakfast order, let alone resign. Separation of powers.
I see.
You say that, but in a way that makes me wonder if you really do.
The President sets the direction of the Court. I've read the Constitution too.
He sets it when there's a vacancy.
You don't have to ask him to resign, only to sit down with the President.
You're talking about a guy who stood up to six Administrations, 22 Congresses, and at one time or another had half the country ready to lynch him. You think a former clerk can pry him lose?
I'm glad to see you doing so well, sir.
Are you?
Yes, I am.
Can you do it?
I don't want to. But if it's time, if your condition warrants.
Who'd you get to replace me?
I'd hoped to consult with you.
Holmes.
Holmes?
Oliver Wendell. Marshall, John or Thurgood, either one. I want Brandeis, Blackmun, Douglas. But you can't get them, can you? Because it's all compromises now, the ones who have no record of scholarship, no body of opinions, nothing you can hold them to, that's who they'll confirm, raging mediocrities.
The other eight are preparing to take it away from you, Roy. Holding over cases, the major decisions. How long can the country wait?
My clerks are preparing a brief. There's an Arab-American man, grabbed out of a line at the airport. What's next? Tribunals, identity cards, bar codes tattooed on our forearms?
Then give me a name.
Daniel Robenov, New York State Supreme Court. Susan Bengaly, Ninth Circuit. [shakes his finger at Bartlet] But they won't confirm them, will they? I have good days, and bad. But on my worst day, I am better than the ambulance chasers you can get confirmed by the Senate. You can't do it, Jed. You're not strong enough. The Speaker's running the table. And I can't take a chance.
I want to thank you, Mr. President, on behalf of my colleagues. None of us thinks this is a perfect deal. No one likes to see the sausage made, including the guys who make it. But this is an expression of willingness by both sides to keep all avenues open to an eventual resolution.
Yes, thanks, Robert. And thanks for saying it this time. I think I had to make that little speech the last time around. [Everyone smiles.] Or maybe the time before. This is our third CR, our third time coming up short. We have to do better. People aren't paying us to duck the hard choices. You want to run through the details, Angela?
An act of Congress. Continuing resolution to extend no later than January 3rd, midnight, to include a reduction of one percent.
Excuse me, Mr. President, I'm sorry. There's been a change. I know we talked about a one percent cut. It's going to have to be three.
Mr. Speaker, nothing like this was even mentioned, much less disc--
Hold on.
I'm sorry I couldn't give more notice, but I just came from our conference, and I had significant opposition to only one percent.
Only one percent.
Yes, sir.
We had a deal at one percent.
But now my members have to go back to their districts for the holidays, explain why we kept the gravy train running with a rising deficit and an economy crying out for tax relief. It's an economic situation that calls for action, not status quo spending. Now three percent may sound painful but it's only for two months. It'll show we're serious.
What's next?
Sir?
In two months. Five percent? 50? How many rounds do we go, Jeff? I'm just asking.
There is no next, sir. I mean not to get too technical, but this government runs out of money at midnight. And my guys are going home. This is it.
[Bartlet considers this for a moment. Then he shakes his head.]
No.
There is no altering this offer, Mr. President.
[Bartlet stands. Everyone else quickly follow.]
And I said no.
Let's be clear, sir. We cannot, we will not, vote to keep on footing the bill. You will be held responsible for shutting down the federal government.
Then shut it down.
These quotes come from Wikiquote's The West Wing pages and are available under the Creative Commons Attribution-ShareAlike License.
