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05-14-2012, 06:57 PM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,857
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Is the filibuster unconstitutional?
It seems a pretty bright lawyer is going to try to bring this case. I don't know whether or not it's constitutional, but it sure seems to be overused and undemocratic technique.
http://www.washingtonpost.com/busine...dPU_story.html
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As long as the roots are not severed, all will be well in the garden.
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05-14-2012, 08:26 PM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
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Quote:
Originally Posted by finnbow
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Good arguments, but they have a snowball's chance of prevailing. The Court is extremely reluctant to weigh in on the internal workings of other branches of government. Under the current circumstances, I don't see this court intervening. Now, if there was a Republican majority in the Senate and a Republican president - maybe.
Regards,
D-Ray
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Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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05-15-2012, 02:50 AM
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Senior Member
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Join Date: Feb 2011
Location: San Diego California
Posts: 3,261
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I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
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Dear Optimist: Unless life gives you water and sugar too, your lemonade will suck.
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05-15-2012, 06:54 AM
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Resident octogenarian
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Join Date: May 2009
Location: Maryland
Posts: 20,860
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Quote:
Originally Posted by bhunter
I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
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Sure by all means - minority rule. The very factions Madison warned us about.
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Great minds discuss ideas; Average minds discuss events; Small minds discuss people.
Eleanor Roosevelt
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05-15-2012, 08:59 AM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
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Quote:
Originally Posted by bhunter
I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
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We might agree with the potential for success in the S Ct, but I agree with the author that the filibuster has been abused. It was supposed to be an extraordinary remedy but had devolved into standard operating procedure. Moreover, the original use of the filibuster required some extraordinary commitment by the participants - they had to actually keep the debate going continuously. Now that practice would interfere with fund-raising efforts, so minority rule is now enforced by the simple threat of the filibuster. While I might agree that the filibuster is needed in extreme circumstances, I believe that the reality of its use should reflect the extraordinary nature of the procedure.
Regards,
D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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05-15-2012, 09:46 AM
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Possibly admin. Maybe ;)
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Join Date: Sep 2009
Location: Land of the burning river
Posts: 21,098
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Getting rid of it appeals to me. It would be interesting. But could you imagine the lurches government would make! Interesting indeed.
Pete
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“How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn't make it a leg.”
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05-15-2012, 09:57 AM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,857
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Quote:
Originally Posted by bhunter
I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
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Quote:
Originally Posted by piece-itpete
Getting rid of it appeals to me. It would be interesting. But could you imagine the lurches government would make! Interesting indeed.
Pete
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It seems to me that the Constitution provided the veto and the provisions to override it to handle these issues.
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As long as the roots are not severed, all will be well in the garden.
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05-15-2012, 09:58 AM
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Senior Member
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Join Date: Aug 2011
Location: Derby City U.S.A.
Posts: 8,176
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The Filibuster as it was intended and used for the majority of the U.S. history did work. It is only in the last few years since 1996 IIRC that is is now a way of stalling the work of the Senate.
But if the Republicans get control the Democrats will use the Filibuster the same way we all know. So in these so divided, polarized times the Filibuster might just be needed until the sanity returns.
Well one can always hope........
Barney
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05-15-2012, 10:00 AM
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Resident octogenarian
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Join Date: May 2009
Location: Maryland
Posts: 20,860
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The Senate is bad enough with the two senators per state regardless of population. Having the filibuster simply increases the rule of the minority.
__________________
Great minds discuss ideas; Average minds discuss events; Small minds discuss people.
Eleanor Roosevelt
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05-15-2012, 10:02 AM
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Senior Member
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Join Date: Aug 2011
Location: Derby City U.S.A.
Posts: 8,176
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Quote:
Originally Posted by finnbow
It seems to me that the Constitution provided the veto and the provisions to override it to handle these issues.
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The Veto, what if one party controls the House, Senate and the Presidency like the Tea Baggers. No Veto would be issued on privatizing SS or eliminating the Department of Education is passed.
Barney
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