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April 22, 2005

Fixing the Filibuster

There has been a lot of talk back and forth about the filibuster rule in the US Senate. Some see the filibuster as a glorious institution which must be protected, while others see it as an annoyance. I fall into the latter category, regardless of the party exercising the power. The word itself has its roots from the spanish word "filibustero," which refers to bands of adventurers that traveled in the New World stirring up revelutions.

Legislatively, filibusters were seen in the 19th century as major annoyances, as a single person would take the floor of the Senata and speak, refusing the yield the floor to anyone else. As long as this person spoke, no other business could take place. It stayed this way until 1917, when the rules were changed to allow 2/3 of the Senate to stop the debate. In 1975, the Senate once again changed the rules to reduce the requirements to stop debate further to 2/5 of the Senate, or 60 members.

These days, the rules don't even require a single member of the Senate to get up and speak in order to prevent business from continuing. The hallowed institution of the filibuster has been changed so completely from its historical form that the minority party now need only declare that they intend to filibuster to start one, and other business of the Senate can then continue in the meantime.

I propose a real fix for the filibuster. It is a very simple fix. All that need occur is for the Senate to change the rules and once again require that a single Senator hold the floor in debate, preventing further Senate business, until a 3/5 vote of the Senate can be passed to force a stop to the debate. It makes much more sense, returns the Senate to proper operation much quicker, and forces one Senator to stand up for his beliefs. In the current situation, it gives both the Republicans and the Democrats what they say they want. Republicans want action on the President's nominees, which they would get in a matter of days. Democrats would keep the institution of the filibuster around in a way that MORE closely mirrors history than it does now.

With that done, the Democrats could be back where they've been before, using the filibuster to try to stop equal rights for black people.

Posted by Lockjaw at April 22, 2005 2:21 PM

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Posted by: J at April 22, 2005 2:51 PM

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