With Democrats on the verge of losing their supermajority in the Senate, the notion that the filibuster should be axed is once again making headlines. (Note: I refuse to call this the "nuclear option," as it's often referred to, and exacerbate such hyperbole.) In effect, it would allow Democrats to pass the health care bill with a simple majority rather than the 60% currently required. The filibuster, to be sure, is not enshrined in the U.S. Constitution, but rather within the rules of the Senate. In fact, the Supreme Court has ruled that a simple majority would be sufficient to change the Senate rules, allowing the Democratic majority to scrap the filibuster altogether.
It's also important to note that the filibuster (and the cloture rule that allows for it to be nixed by 3/5ths of the Senate) has not been consistent throughout the Senate's history. And while historically it's been used as a last resort, its use has grown exponentially in recent years, especially by the Republican minority.
Monday, January 18, 2010
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