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Government

Apr. 13, 2011

The Filibuster Rule: Past Practice Should Not Preclude Proper Process

The Senate's filibuster requirement flouts the Constitution's intention that matters be decided by majority rule.

Charles S. Doskow

Dean Emeritus and Professor of Law, University of La Verne College of Law

Email: dosklaw@aol.com

Harvard Law School

Charles is a past president of the Inland Empire Chapter of the Federal Bar Association, and in 2012 was awarded the chapter's Erwin Chemerinsky Defender of the Constitution award.

Another biennial opening of Congress has come and gone, with no meaningful responsive to the recurring chorus of editorial and political suggestions to the Senate that it reconsider its filibuster rule. No action has been, or will be taken in the interest of allowing majority rule to prevail in the nation's most prestigious deliberative body.

The Senate, which elects one third of its membership every two years, considers itself to be a continuing body, and its rules continue in e...

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