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Rep James Clyburn: " The filibuster is not Law.."/ Texas Democrats at the Capitol (edit to add) (Original Post) Budi Jul 2021 OP
Rep Clyburn is correct LetMyPeopleVote Jul 2021 #1
K&R bluewater Jul 2021 #2
Most interesting. LakeArenal Jul 2021 #3
The McConnell rule, when he needed to seat SC Barrett. Budi Jul 2021 #5
As Harry Reed demonstrated it can be eliminated at any time with 50+ votes. n/t PoliticAverse Jul 2021 #8
Rt TY Cha Jul 2021 #4
Hell, YES! sheshe2 Jul 2021 #6
Exactly PortTack Jul 2021 #7
Tx Democrats at the Capitol. Follow on Tx DemTwitter Budi Jul 2021 #9

LetMyPeopleVote

(144,005 posts)
1. Rep Clyburn is correct
Tue Jul 13, 2021, 03:10 PM
Jul 2021

This is merely a rule of the Senate that can be changed by majority vote of the Senators

LakeArenal

(28,729 posts)
3. Most interesting.
Tue Jul 13, 2021, 03:14 PM
Jul 2021

So Dems could eliminate it while in power in the senate? Of course they could reinstate it someday. But make hay while the sun shines

PortTack

(32,606 posts)
7. Exactly
Tue Jul 13, 2021, 03:35 PM
Jul 2021

Law professors: the filibuster is unconstitutional, and Kamala Harris can issue a ruling.

https://www.yahoo.com/entertainment/op-ed-filibuster-unconstitutional-heres-101532325.html

There is a clear next step in changing the Senate filibuster: Vice President Kamala Harris, as presiding officer of the Senate, can — and should — declare the current Senate filibuster rule unconstitutional. This would open the door for discussions on a new rule that would respect the minority without giving it an unconstitutional veto.

In 1957, Vice President Richard Nixon, sitting as presiding officer of the Senate, issued two advisory opinions holding that a crucial provision of the Senate’s filibuster rule — requiring two-thirds vote to amend it — was unconstitutional. Nixon’s constitutional determination was reaffirmed by subsequent vice presidents Hubert Humphrey and Nelson Rockefeller. In fact, it was this ruling that allowed both the Democratic-controlled Senate in 2013 and the Republican-controlled Senate in 2017 by a simple majority vote to eliminate filibusters for all executive and judicial nominees.

Harris possesses the same power to rule that the current version of the Senate filibuster, which essentially establishes a 60-vote supermajority rule to enact legislation in the Senate, is unconstitutional because it denies states “equal Suffrage in the Senate” in violation of Article V of the Constitution.

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