The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Tuesday, July 7, 2015

Axe the filibuster

I think they should go ahead and do it, for God's sake.

The senate by its composition makes a mockery of majoritarianism and democracy, both; and the filibuster, no part of the plan of the Framers, makes the mockery all the worse.

The constitution is not explicit, but it's clear enough the Framers took majoritarian voting in both houses for granted except where they specified a different requirement, as in the ratification of treaties or votes for impeachment.

On that understanding, the senate is not empowered to abandon majoritarianism by adopting a rule because nothing controlled by the constitution itself can be changed except via Article V, though we have long had and lately much exercised the habit of allowing the Supremes to do that while egregiously claiming they are doing nothing of the kind.

And that means the filibuster is unconstitutional, anyway.

(And so are the senate's rules for the adoption and amendment of its own rules.)

Conservatives set ridiculous filibuster reform litmus test for Obamacare repeal

As for repeal of O-care, no, I don't favor it.

Of course not.

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