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How to Kill the Filibuster With 51 Votes

By using, or almost using, the 'constitutional option'

By Jane Yager,  Newser Staff

Posted Jul 28, 2010 3:01 PM CDT
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(Newser) – The 59 or so senators growing weary of the GOP's current penchant for filibustering are increasingly looking to an option that would allow them to revamp the chamber's filibuster rules with only 51 votes—which Democrats have—rather than 67, which they most certainly don't. The "constitutional option" would invoke a section of, well, the Constitution, which allows the Senate to determine its own rules—the filibuster, by preventing the Senate from voting, is then technically unconstitutional.

The option is widely considered viable, but most experts agree that it can only be used at the beginning of a new Congress. While it's never been used, it has "been repeatedly, and effectively, almost used," Ezra Klein writes in the Washington Post. And by convincing Republicans they're prepared to use it, Democrats may be able to get the GOP to compromise on the filibuster.

Sen. Tom Udall questions witnesses during a hearing in Washington, March 2, 2010. Udall is leading the push for filibuster reform through the constitutional option.
Sen. Tom Udall questions witnesses during a hearing in Washington, March 2, 2010. Udall is leading the push for filibuster reform through the "constitutional option."   (AP Photo/Manuel Balce Ceneta)
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COMMENTS
Showing 3 of 59 comments
kokuaguy
Jul 29, 2010 7:00 PM CDT
Don't threaten. Don't compromise. End the undemocratic, anachronistic filibuster once and for all.
Mr.C
Jul 28, 2010 10:00 PM CDT
dems did the same last admin - repubs threatened to kill the fillabuster last admin
Snowleopard
Jul 28, 2010 9:06 PM CDT
the GOP over-use of the filibuster is pretty ridiculous. they've used in more since the democrats retook the senate that throughout the entire history of the senate. Isn't democracy suppose to be based on majority rule? Why do we need a 60% majority to pass anything?

 
Senate • filibuster • Constitution

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