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It's standard parliamentary law, going back centuries, that anything touching something already decided (such as the decision to limit, extend, or cut off debate) must command a supermajority. It's a protection for the minority viewpoint.
Michael Musing's musings
by musing85 on Sat Aug 14, 2004 at 09:49:11 PM PDT
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More Wagster!
by Wagster on Sat Aug 14, 2004 at 10:11:37 PM PDT
Once a body has agreed upon a set of rules by which it will conduct business, it should be difficult to change them. If a proposal to do so is repugnant to as many as a third of the voting members, I'd say that was a good argument for not adopting the proposal. The filibuster (or the supermajority requirement in other contexts) can be used for obstruction and political shenanigans, but it can also be used as a major bargaining chip or a reason to force a compromise. That ensures that the minority can have a serious impact on the business of the nation (city, state, university, what have you). I think that's a system worth protecting.
I'm not 100% sure, since the Rules of the Senate are arcane, but I don't think it's correct that a simple majority would suffice for passing new rules. Assuming that the rules are the functional equivalent of the Senate's bylaws, it would require a two-thirds vote to amend them as they now stand, or to adopt a completely new set.
by musing85 on Sat Aug 14, 2004 at 10:34:25 PM PDT
by Wagster on Sat Aug 14, 2004 at 11:08:23 PM PDT
The other technique would actually capitalize on another standard part of parliamentary law: the twice-on-one-subject-in-one-session rule. And that is unlikely to be of much help to them. Sure, they can extend the "legislative day," and thus keep any one senator from speaking more than twice on a given subject in the course of that "day." But if the Democrats have enough votes to maintain a filibuster, that gives them 41 people who could conceivably speak on it twice apiece. And, at least assuming Aaron Sorkin and his fellow writers got it correct in the "Stackhouse Filibuster" episode of The West Wing, a filibustering senator may yield the floor for questions, which (a) prolongs the filibuster without counting as a second "speech," and (b) gives the talkers a chance to sit down and relax.
Moreover, the mere fact that the Repugs are proposing this doesn't necessarily mean that what they're proposing is (a) possible or (b) legal. (See Guantanamo Bay.) And as the article itself notes, they don't even have a simple majority on board for the proposal:
by musing85 on Sat Aug 14, 2004 at 11:26:09 PM PDT
by Wagster on Sun Aug 15, 2004 at 12:25:58 AM PDT
wide narrow
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