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View Diary: A sure sign Dems have the upper hand in filibuster reform: a bipartisan 'compromise' to take it away (84 comments)

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  •  Don't have to dig them up (0+ / 0-)

    We don't have to dig them up and ask them. They left plenty of their opinions and reasoning behind in writings and essays that we can still read today. I've read a fair bit of them and don't remember any arguments for allowing a minority to block the majority in normal business in legislative bodies.

    In fact, one of the reasons for needing a new constitution to replace the Articles of Confederation was this (also from The Federalist No. 22):

    Its operation contradicts the fundamental maxim of republican government, which requires that the sense of the majority should prevail.
    You and I can disagree on what the Founders would think of the filibuster rules in the Senate, but I remain confidant that they would be appalled at the Senate's dysfunction today—just as most Americans today are appalled at it—and the main reason it's dysfunctional are the filibuster rules that allow a minority to block the majority on normal business.

    But what the Founders would think is not really the main issue. We have the last several years of experience of its dysfunction as proof that the Senate, with these rules, cannot perform its constitutional duty: to conduct the nation's business.

    The rules that allow the filibuster were, perhaps, tolerable when they were used infrequently, but to use them to block normal business is not tolerable and they have led to today's dysfunction.

    Technically, it does not require any change to the Constitution to revise or eliminate the rules that allow minorities to block action. They're just Senate rules. The House has the same power to make its own rules and yet has managed to reform its rules to eliminate filibustering, which used to take place in the House, too.  

    However, politically, it may take a constitutional change to limit the Senate's power to make its own rules in order to end its abuse of that power.

    Those damn Senators just love themselves too much.

    The filibuster is a crime against democracy.

    by schuylkill on Mon Dec 31, 2012 at 04:38:21 PM PST

    [ Parent ]

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