Yes, this is an explanation that doesn’t explain, since it
leaves us all wondering why the house doesn’t have a filibuster.
It isn’t really about the power-lust of individual senators.
It’s about every Tom and Dick in Party A who can’t stand
the thought that when Harry of Party B has a majority he would almost
certainly do something Tom and Dick don’t like.
Why, that would be just utterly unendurable.
And vice versa.
And for the same reason neither party will free even the
federal government, let alone the states, from the arbitrary and fraudulent constitutional
absolutism of the Supreme Court.
Though it scares the shit out of both parties I personally
would be willing to see America try the experiment of democracy.
I think we would find out that the world would not end and
both parties would behave a lot more responsibly and carefully than the nervous
Nellies now say they fear.
Just as they do in every European country where functional
if not formal unicameralism dominates and no court obstructs, and yet the
competing major parties are not constantly plunging back and forth, all the
time, doing and undoing the same things again and again just as rapidly as they
rotate in office.
And I particularly resent that the Supremes are such chronic liars and
both parties lie, also, about what they want the court to do.
The conservatives claim to want them to enforce the
constitution as written and as meant by those who adopted it and its various
amendments, but they actually want the court to pretend the constitution was
written by Herbert Spencer, as Holmes said.
The liberals frankly claim they want the court to ignore
original intent and enforce instead what’s required by contemporary society and
its values, but what they really want is for the court to enforce the
constitution they, the liberals, wish we had rather than the one we actually
have.
And the courts since the beginning of the 20th
Century have indulged both of these illegitimacies, clothing
themselves with the totally arbitrary and unconstitutional power to re-write
the constitution however they like.
They and what they do are every bit as much a disgrace to
America as not just the filibuster but the very existence of the senate.
And no one will change that.
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