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markpkessinger

(8,952 posts)
23. There was a supermajority requirement under the Articles of Confederation . . . .
Thu Jul 22, 2021, 05:39 PM
Jul 2021

. . . And it proved to be impossible. And let's face it, that's what the filibuster has become -- a de facto supermajority requirement. That's why, when the new Constitution was drafted, they made a point to have majority rule as the order of the day.

Hamilton, writing in Federalist No. 22, argued against supermajority requirements:

[A supermajority requirement is], in reality, a poison. To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision), is, in its tendency, to subject the sense of the greater number to that of the lesser. ... This is one of those refinements which, in practice, has an effect the reverse of what is expected from it in theory. The necessity of unanimity in public bodies, or of something approaching towards it, has been founded upon a supposition that it would contribute to security. But its real operation is to embarrass the administration, to destroy the energy of the government, and to substitute the pleasure, caprice, or artifices of an insignificant, turbulent, or corrupt junto, to the regular deliberations and decisions of a respectable majority. In those emergencies of a nation, in which the goodness or badness, the weakness or strength of its government, is of the greatest importance, there is commonly a necessity for action. The public business must, in some way or other, go forward. If a pertinacious minority can control the opinion of a majority, respecting the best mode of conducting it, the majority, in order that something may be done, must conform to the views of the minority; and thus the sense of the smaller number will overrule that of the greater, and give a tone to the national proceedings. Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public good. And yet, in such a system, it is even happy when such compromises can take place: for upon some occasions things will not admit of accommodation; and then the measures of government must be injuriously suspended, or fatally defeated. It is often, by the impracticability of obtaining the concurrence of the necessary number of votes, kept in a state of inaction. Its situation must always savor of weakness, sometimes border upon anarchy.


Hamilton saw with perfect clarity what a supermajority requirement would inevitably lead to; indeed, he describes what is currently going on in Congress perfectly! The President is simply wrong about this!

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I don't get it. ancianita Jul 2021 #1
I think it boils down to BumRushDaShow Jul 2021 #3
The problem (or not really)... LiberatedUSA Jul 2021 #4
Well there is also a differential BumRushDaShow Jul 2021 #5
WHAT 'GOP platform' ? DemocraticPatriot Jul 2021 #26
How often did the Dems use the filibuster when they were in the minority? How about the GQP? LastLiberal in PalmSprings Jul 2021 #11
Even the threat of the filibuster stopped the GOP. Calista241 Jul 2021 #14
Thank you. That puts the issue in better focus for me. nt LastLiberal in PalmSprings Jul 2021 #15
Well the GOP took over the Senate in January 2014, and then the "fun" began BumRushDaShow Jul 2021 #16
Lots of data points... but misses the bigger picture FBaggins Jul 2021 #27
But you miss one thing BumRushDaShow Jul 2021 #28
This message was self-deleted by its author LastLiberal in PalmSprings Jul 2021 #12
But that doesn't make sense . . . . markpkessinger Jul 2021 #21
I have a feeling BumRushDaShow Jul 2021 #25
McConnell and the Rs would dump the fillibuster Deminpenn Jul 2021 #29
Exactly BumRushDaShow Jul 2021 #31
If Democrats do the right things for the people, republicans will not win again, keeping the Escurumbele Jul 2021 #17
As opposed to what's happening now? Miguelito Loveless Jul 2021 #2
well in fairness TFG just used EOs Voltaire2 Jul 2021 #7
Damned if we do. OneCrazyDiamond Jul 2021 #6
POORLY WRITTEN HEADLINE!!!!!! They're taking Pres. Biden somewhat out of context. groundloop Jul 2021 #8
you are right - that distinction is important to point out samsingh Jul 2021 #18
If The Democrats Think... GB_RN Jul 2021 #9
Filibuster was supposed to encourage both sides to hear one another bucolic_frolic Jul 2021 #10
There was a supermajority requirement under the Articles of Confederation . . . . markpkessinger Jul 2021 #23
You're correct bucolic_frolic Jul 2021 #24
interesting headline... stillcool Jul 2021 #13
okay, then fine. make it a real filibuster rather than this bullshit we currently have. Javaman Jul 2021 #19
What would the GOP do if tables were turned? End it immediately. Dems are too damn nice IMHO. Evolve Dammit Jul 2021 #20
That makes no sense to me at all. Joe has got himself mired in the fantasy of bipartisanship. Vinca Jul 2021 #22
The exact opposite would happen Deminpenn Jul 2021 #30
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