Political Forums  

Go Back   Political Forums > Politics

We appreciate your help

in keeping this site going.
Reply
 
Thread Tools Display Modes
  #1  
Old 05-14-2012, 06:57 PM
finnbow's Avatar
finnbow finnbow is offline
Reformed Know-Nothing
 
Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,857
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
__________________
As long as the roots are not severed, all will be well in the garden.
Reply With Quote
  #2  
Old 05-14-2012, 08:26 PM
d-ray657's Avatar
d-ray657 d-ray657 is offline
Loyal Opposition
 
Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
Quote:
Originally Posted by finnbow View Post
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
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
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
Reply With Quote
  #3  
Old 05-15-2012, 02:50 AM
bhunter's Avatar
bhunter bhunter is offline
Senior Member
 
Join Date: Feb 2011
Location: San Diego California
Posts: 3,261
I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
__________________
Dear Optimist: Unless life gives you water and sugar too, your lemonade will suck.
Reply With Quote
  #4  
Old 05-15-2012, 06:54 AM
merrylander's Avatar
merrylander merrylander is offline
Resident octogenarian
 
Join Date: May 2009
Location: Maryland
Posts: 20,860
Quote:
Originally Posted by bhunter View Post
I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
Sure by all means - minority rule. The very factions Madison warned us about.
__________________
Great minds discuss ideas; Average minds discuss events; Small minds discuss people.
Eleanor Roosevelt
Reply With Quote
  #5  
Old 05-15-2012, 08:59 AM
d-ray657's Avatar
d-ray657 d-ray657 is offline
Loyal Opposition
 
Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
Quote:
Originally Posted by bhunter View Post
I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
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
Reply With Quote
  #6  
Old 05-15-2012, 09:46 AM
piece-itpete's Avatar
piece-itpete piece-itpete is offline
Possibly admin. Maybe ;)
 
Join Date: Sep 2009
Location: Land of the burning river
Posts: 21,098
Getting rid of it appeals to me. It would be interesting. But could you imagine the lurches government would make! Interesting indeed.

Pete
__________________
“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.”
Reply With Quote
  #7  
Old 05-15-2012, 09:57 AM
finnbow's Avatar
finnbow finnbow is offline
Reformed Know-Nothing
 
Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,857
Quote:
Originally Posted by bhunter View Post
I agree with D-Ray. Having a fillibuster to control an errant party is a good idea IMHO.
Quote:
Originally Posted by piece-itpete View Post
Getting rid of it appeals to me. It would be interesting. But could you imagine the lurches government would make! Interesting indeed.

Pete
It seems to me that the Constitution provided the veto and the provisions to override it to handle these issues.
__________________
As long as the roots are not severed, all will be well in the garden.
Reply With Quote
  #8  
Old 05-15-2012, 09:58 AM
Oerets's Avatar
Oerets Oerets is offline
Senior Member
 
Join Date: Aug 2011
Location: Derby City U.S.A.
Posts: 8,176
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
Reply With Quote
  #9  
Old 05-15-2012, 10:00 AM
merrylander's Avatar
merrylander merrylander is offline
Resident octogenarian
 
Join Date: May 2009
Location: Maryland
Posts: 20,860
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
Reply With Quote
  #10  
Old 05-15-2012, 10:02 AM
Oerets's Avatar
Oerets Oerets is offline
Senior Member
 
Join Date: Aug 2011
Location: Derby City U.S.A.
Posts: 8,176
Quote:
Originally Posted by finnbow View Post
It seems to me that the Constitution provided the veto and the provisions to override it to handle these issues.



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
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 08:41 PM.



Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.