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| Authored by: webster on Wednesday, May 16 2012 @ 09:05 PM EDT |
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So do you believe in a tyranny of a monority?
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| Authored by: celtic_hackr on Thursday, May 17 2012 @ 10:34 AM EDT |
It's a court issue as every American citizen should have a right to bring a writ
of mandamus before the US Courts, to have the filibuster rules removed and the
Constitutional right of the current Congress to adopt it's own rules by a simple
majority restored.
The fact that one can filibuster the attempt to change the rules is prima facie
evidence that filibuster are unconstitutional.
I am not a lawyer, but I can read what the Constitution says and do basic math:
"Each House may determine the Rules of its Proceedings, punish its Members
for disorderly Behaviour, and, with the Concurrence of two thirds, expel a
Member.".
That says explicitly (by it's omission of the two-thirds majority qualifier on
that phrase) that by a simple majority, each Congress may establish it's own
rules. Therefore the current rule that requires a 2/3rds majority to change the
rules is, on it's face, unconstitutional, without a Constitutional amendment.
Congress certainly has the power to change whether the next Congress can change
it's rules and how it may do so, but it must do so by changing the wording of
the binding law of the Constitution. It cannot legally be done any other way.
IANAL, IANAMoC, IAAAC
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