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In reply to the discussion: Biden: 'Nothing at all will get done' if filibuster abolished [View all]markpkessinger
(8,952 posts)23. There was a supermajority requirement under the Articles of Confederation . . . .
. . . 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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How often did the Dems use the filibuster when they were in the minority? How about the GQP?
LastLiberal in PalmSprings
Jul 2021
#11
Well the GOP took over the Senate in January 2014, and then the "fun" began
BumRushDaShow
Jul 2021
#16
If Democrats do the right things for the people, republicans will not win again, keeping the
Escurumbele
Jul 2021
#17
POORLY WRITTEN HEADLINE!!!!!! They're taking Pres. Biden somewhat out of context.
groundloop
Jul 2021
#8
There was a supermajority requirement under the Articles of Confederation . . . .
markpkessinger
Jul 2021
#23
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