Originally Posted by whoman69
The Senate filibuster is an anachronism and unconstitutional. It is a senate rule that contradicts the Constitution which calls only for a simple majority with the following exeptions:
•Convicting an Impeachment (2/3 majority in the Senate - Article 1, Section 3)
•Expulsion of a member of one house of Congress (2/3 vote of the house in question - Article 1, Section 5)
•Override a Presidential Veto (2/3 majority in both the House and the Senate - Article 1, Section 7)
•Ratify a treaty (2/3 majority in the Senate - Article 2, Section 2)
•Passing of a Constitutional Amendment by Congress (2/3 majority in both the House and the Senate - Article 5)
•Calling for a Constitutional Convention (2/3 of the state legislatures - Article 5)
•Ratifying a Constitutional Amendment (3/4 of the states - Article 5)
•Restore the ability of certain rebels to serve in the government (2/3 majority in both the House and the Senate - 14th Amendment)
•Approval of removal of the President from his position after the Vice President and the Cabinet approve such removal and after the President contests the removal (2/3 majority in both the House and the Senate 25th Amendment)
Up until 1970 that filibuster had been used on average only one time per year. Up until the 103rd Congress that number never exceeded 60. Now it is a overused tool that is a tryanny of the minority.
You also failed to note that Franken wasn't seated until July 7 and that Kennedy was not well enough to vote most of that time. Kennedy died in August and was not replaced until late September.
Overall cloture was announced 136 times during the 111th Congress. The rules have been changed to make the process easier back in 2005 when Republicans saw the writing on the wall that they would lose their majority. There is now in place a virtual filibuster.
1. No, a filibuster is not unconstitutional. The constitution gives the Senate the power to create it's own rules in Article 1, Section 5:
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
2. Still no support for your 85% claim? I call