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  •  Nope (4.00 / 2)

    An amendment requiring that debate on any measure before either house of Congress should be limited by a majority vote of the members present. No more filibusters, in other words.

    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.

    •  The interesting thing... (none / 0)

      ... is that tradition is the only thing protecting the right of filibuster.  A simple majority could pass new rules for the Senate, but this is considered the "nuclear" option.  No one wants to touch it because they don't want to lose the right of filibuster themselves and in the process weaken Senate minority privileges for the rest of time.
      •  I disagree (none / 1)

        The filibuster is the procedural corollary to an important (if not vital) principle in parliamentary law. The basic concern of parliamentary law is to preserve the rights of the individual member, the majority, and the minority, while at the same time promoting decorum, efficiency, and courtesy in the conduct of official business.

        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.

        •  Well, no... (none / 0)

          Not only is overturning the filibuster rule with a simple majority possible, but our Republican friends are contemplating it, at least in regard to judicial nominations.
          •  I don't think so (none / 0)

            Nothing I saw in the linked piece suggested they were actually trying to do away with the filibuster rule per se. They're contemplating a couple of fiddling tweaks that are apparently within the arcane Senate rules. One of them would effectively strip the filibuster from judicial nomination proceedings by administrative fiat. That one is unlikely to go very far in my estimation, since it would affect Big Dick's ability to disappear down the rabbit hole for most of the year. He can't subvert the nation from his undisclosed location if he has to pop up in the Well of the Senate on a regular basis to make rulings from the chair.

            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:

            Currently, Republican leaders do not have enough support within their own caucus to support a rules change issued from the chair with a simple majority.

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