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

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  •  Article1, Section 5, paragraph 2 (0+ / 0-)

    US Constitution.

    Each House may determine the rules of its proceedings, ...
    In short, they have exclusive right to do anything they want.  They could require unanimous consent to pass any legislation or, on the other hand, if one Senator consents to a House action then it is considered adopted by the Senate.  

    These are two extremes, but it illustrates the power to set their own rules, fairness does not enter into this discussion except as an abstract principle.

    However, I think Pico is right, this is a message, sent via lawsuit.  

    On the practical side, the Supreme court is not going to touch this issue (except to deny any appeal citing Art 1.5.2,

    There are WAY to many ways the Senate and House can screw with the Supreme court if it interjects and meddles with their privileges and rules.  The Supreme court sticking their nose into Senate business will make the Senate want to meddle back... Hard.

    Clear Now?

    ... the watchword of true patriotism: "Our country - when right to be kept right; when wrong to be put right." - Carl Schurz; Oct. 17, 1899

    by NevDem on Mon Dec 10, 2012 at 11:42:52 PM PST

    [ Parent ]

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