There have been a number of articles and commentaries regarding the Senate’s filibuster.  Article I, Section 5, paragraph 2 of the Constitution states, “Each House may determine the Rules of its Proceedings, …” Seems clear to me.

As to whether some amendment has somehow changed that, the words of Thomas Jefferson apply: On every question of construction [let us] carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed.”

As to whether the Supreme Court may rule it unconstitutional, consider this deeply embedded concept: separation of powers. Each branch and each house was created to operate separately from the other.

There has never been any debate to change that.

 

Charles A. Potratz 

Mercer 

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