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View Diary: Filibuster challenged in federal court (80 comments)

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  •  So can one Senate make rules (2+ / 0-)
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    Eric Nelson, bear83

    that the next Senate will be stuck with?

    It's been a hundred years, isn't it time we stopped blaming Captain Smith for sinking the Titanic?

    by happymisanthropy on Mon Dec 10, 2012 at 07:15:02 PM PST

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    •  Well, of course. The filibuster. (1+ / 0-)
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    •  That is the question... (1+ / 0-)
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      Is the Senate a long standing body, or do each of its sessions have the same limitations as those of the House: i.e. that no Senate may impose upon future Senate sessions. SCOTUS has ruled that for the House, rules must be reinstated every session, but hasn't ruled for the Senate...

      I would argue that at some point the same logic that held for the House would have to hold for the Senate - that long-dead Senators can't dictate to their successors the rules of the body. That is what, hopefully, Sen. Tom Udall and co-sponsors of filibuster reform will be arguing in January.

      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt

      by Phoenix Rising on Mon Dec 10, 2012 at 07:27:52 PM PST

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    •  No, not "stuck with" per se (0+ / 0-)

      Each January the Senate can vote on its procedural rules. If it wants to do away with the filibuster altogether then it can. Or just change the way it works, e.g., requiring the presence and oration of the leader who is filibustering.

      That last bit, incidentally, is exactly what Reid is proposing to do. That used to be the case, and can be again.

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