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12-10-2012, 08:31 PM   #1
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Filibuster challenged in federal court

Daily Kos: Filibuster challenged in federal court

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Common Cause lawyer Emmet Bondurant argued that the federal courts, representing a co-equal branch of government, have an established right to review and overturn laws passed by both houses of Congress and signed by the President. “It cannot be that a Senate rule is immune from review when a statute (passed by both houses) signed by the President is subject to review,” Bondurant asserted. [...]
“The Constitution is very specific about when supermajorities are required—to remove judges or high-ranking officials during impeachment trials, to ratify treaties, expel members of Congress, override presidential vetoes and propose constitutional amendments,” said Common Cause President Bob Edgar. “But the filibuster rule essentially imposes a 60-vote supermajority requirement on every piece of legislation coming to the Senate; while the Senate has the power to make its own rules, it cannot impose rules that are incompatible with the Constitution.”


12-11-2012, 04:33 AM   #2
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HA! I hope something changes and soon in the Senate.
12-11-2012, 04:47 AM   #3
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It is dangerous to get rid of the filibuster, though. Somewhere down the line, the democrats will be in the minority again and if the Senate operated like the House they would have no say in the legislative process. The presence of the filibuster threat (way overused currently), tends to moderate legislation both ways. The stuff that comes out of the House where it isn't present is pretty extreme.
12-11-2012, 06:42 AM   #4
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Doing away with Jimmy Stewart's filibuster would be going too far, but it is way too easy now. It is really just a requirement for a 60 vote majority, and that was never the intent of the Constitution. If the Democrats lose, then elections have consequences beyond picking the majority leader. If we want a requirement of 60 votes to pass any legislation, that is such a basic change that it should require a constitutional amendment.

12-11-2012, 08:39 PM   #5
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Daily Kos: 'Centrist' amnesia beclouds filibuster reform history
12-12-2012, 06:35 AM - 1 Like   #6
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QuoteOriginally posted by GeneV Quote
Doing away with Jimmy Stewart's filibuster would be going too far, but it is way too easy now. It is really just a requirement for a 60 vote majority, and that was never the intent of the Constitution. If the Democrats lose, then elections have consequences beyond picking the majority leader. If we want a requirement of 60 votes to pass any legislation, that is such a basic change that it should require a constitutional amendment.
A party system was never the intent of the Constitution either, hence the "Majority Leader" and "Minority Leaders" should be done away.
12-12-2012, 01:47 PM   #7
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QuoteOriginally posted by Blue Quote
A party system was never the intent of the Constitution either, hence the "Majority Leader" and "Minority Leaders" should be done away.
Fine by me. You can dump Boehner right now as far as I'm concerned.

12-12-2012, 01:53 PM   #8
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QuoteOriginally posted by Blue Quote
A party system was never the intent of the Constitution either, hence the "Majority Leader" and "Minority Leaders" should be done away.
Well, they quickly changed that - the 12th Amendment pretty much did it.
12-12-2012, 04:34 PM   #9
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You know when a prominent GOPbagger's even now, last I heard... filibustering *his own bill* (while corporate media demands action on the 'Fiscal Cliff' they obstructionistically created in the first place....) that it's possible the obvious obstructionismcat was obvious?

All along?
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