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Legal Commentary

: Prawfs

Entrench the Filibuster

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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With all the discussion of the filibuster, including some evidence of hypocrisy on the part of a certain allegedly anti-pork Senator from Arizona, it occurs to me that the Democrats in Congress might consider something to put the Republicans to the test: Propose an amendment making the filibuster a constitutional rule.  If the R's won't go for it, reserving the right to eliminate it when control of the Senate changes, then the D's should get rid of it now. If the states roundly reject such an amendment, then there will be a political justification for abandoning it now.  And if the R's sign up, then D's will be protected in the future.  Of course, I'm one of the political geniuses who contributed to John Edwards.

Full post as published by Prawfs on February 07, 2010 (boomark / email).

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