General Discussion

Laelth

(32,017 posts)

4. Complicated answer.

Thu Nov 21, 2013, 01:59 PM

Nov 2013

You can challenge anything in Court. The question is, will you win?

The filibuster is not in the Constitution. The Constitution is a limiting document. The government can pass any law it likes, so long as that law is not contrary to the Constitution. The filibuster, because it is not forbidden by the Constitution, is perfectly legal.

Really, it's just a Senate rule. As such, the Senate can change it or eliminate it as it sees fit and at any time. It would be highly unusual for any Court to rule in favor of a challenge to a Senate rule. The Senate has the absolute right to conduct its business as it sees fit. I don't see any Court changing that.

Hope that helps.

-Laelth

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Will and can the rules change in the senate be appealed in federal court. [View all] CK_John Nov 2013 OP

No. rug Nov 2013 #1

Why not?. CK_John Nov 2013 #2

Article I, Section 5 of the Constitution. rug Nov 2013 #7

Nope. How the Senate conducts its business, IS its business. Jester Messiah Nov 2013 #3

So a blantant rule infraction has no checks and balance alternative. I think CK_John Nov 2013 #8

Complicated answer. Laelth Nov 2013 #4

But the senate rules state them can only be changed when they are adopted at every new Congress. CK_John Nov 2013 #11

And the Senate has the right to alter that rule as well. Laelth Nov 2013 #14

Most likely except for a very conservative Justice. CK_John Nov 2013 #16

No. Senate rules aren't subject to judicial review. nt bluestate10 Nov 2013 #5

no. Warren Stupidity Nov 2013 #6

But there has to be a right to appeal. CK_John Nov 2013 #10

No, the judge would throw out the case on constitutional grounds... JCMach1 Nov 2013 #17

They can try. It would be a failure, however. To clarify.... msanthrope Nov 2013 #9

I'm sure he will if he can. CK_John Nov 2013 #12

Orly Taitz or Larry Klayman could do it. nt msanthrope Nov 2013 #13

I think you would have to be in the senate to have standing. CK_John Nov 2013 #15

Like 'standing' would stop those two? Maybe they can find a teabagging Congressperson. nt msanthrope Nov 2013 #18