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View Diary: Denying a quorum vs. the filibuster (37 comments)

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  •  It's more or less been tested (1+ / 0-)
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    The Supreme Court decided a case in 1892 that held that the rulemaking power of Congress is a continuous power and one that may be exercised at any time so long as a quorum is present.

    As a matter of constitutional law, I think it's reasonably clear that a simple majority of the Senate could change the filibuster rule at any time.  The reason it doesn't happen is the one you point out -- a majority of senators support the filibuster.

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Wed Feb 23, 2011 at 12:49:04 PM PST

    [ Parent ]

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