Government,
Constitutional Law
Mar. 16, 2021
Eliminate the filibuster
The United States is a democracy, and the majority should govern.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Almost 25 years ago, I co-authored an article in the Stanford Law Review arguing that the filibuster is unconstitutional and should be eliminated. The time is long overdue for this. The filibuster is created by Senate rules and can be abolished or modified by a majority vote in the Senate. In 2013, Senate Democrats, who were then in the majority, abolished the filibuster for nominations to executive positions and to federal district court and court of appeals judgeshi...
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