Thursday, May 5

IS THE SENATE FILIBUSTER UNCONSTITUTIONAL?

Carl at "No Oil For Pacifists" writes a methodically cogent, altogether impressive post on the constitutionality of Senate Rule XXII. If you read it this morning, make sure you're on your second or third cup of coffee, as he has put a lot of thought and effort into his argument and it deserves a clear-headed review. If you read it this evening, do so before you pour that second Martini.

His conclusion:

The Constitution doesn't authorize a filibuster. In fact, the Framers mandated supra-majority voting in some circumstances, but rejected it elsewhere. So the filibuster is unconstitutional, and no mere Senate rule can save it.