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SENATE FILIBUSTERS UNCONSTITUTIONAL
posted at May 15, 2012 10:28 AM EDT
First: February 6, 2010
Last: May 17, 2012
“THE GIANT CANCER GROWING IN OUR GOVERNMENT SYSTEM MAY TAKE CENTER STAGE.
Ezra Klein, a contributor to the Washington posts
publishes a powerful statement about the U.S. Senate’s 60 vote rule. It takes that many to overcome any minority filibuster not matter how trivial or big the issue may be.
He demonstrates that our constitutional legal history demonstrates with great clarity that our founding patriots never intended to create this monster.
The concept of a Senate filibuster did not even arise until 1806 when a rule was inserted to require a vote 60% of the entire Senate to stop a filibuster. This was about 50 years after the ratification of the Constitution. For many decades after that change, the “Rule” was invoked only on extremely rare occasions.
Our founding fathers debated the question of whether a super majority should be required in decisions of the Senate and it was passionately opposed by James Madison. He argued that, if adopted, such a rule would “the fundamental principal of free government would be reversed.”
Other statements of the founders solidified Madison’s oppostion and made clear that they were opposed to any vote other than a simple majority except in a very few special circumstances now a part of the Constitution.
In 1892 our Supreme Court ruled “Congress may not, by its rules, ignore constitutional restraints or violate fundamental rights.” It is clear that this is the kind of “rule” the Court had in mind.”
A federal court suit will soon be filed pleading that the filibuster Rule be voided as unconstitutional.
Re: SENATE FILIBUSTERS UNCONSTITUTIONAL
posted at May 20, 2012 9:14 AM EDT
First: February 29, 2008
Last: June 16, 2013
The Obama-democrats never had the 2/3 of senate (60 votes) and the republicans just have a fillibuster going cause they are holding hostage---for reducing student loans.
Filibuster and a silent hold is... used almost 100% of the time by republicans in the last 3