So when Bush/Cheney were being threatened with actual fiibusters, the goons working with them (Lott, et al.) threatened to change the rules of the senate; which is a lot easier than stopping a filibuster. They called it the nuclear option, and it would have made a filibuster a lot harder to just get away with. The Dems caved, and lo! when the Republicans (those paragons of the, "up or down vote") became the minority, the number of filibusters engaged in went through the roof.
Not quite. The Republicans threatened to create a situation where a parliamentary ruling that could be upheld by a majority vote would declare filibusters of judicial nominees (and perhaps some other appointees) unconstitutional. (Based on the constitutional requirement that the Senate advise and consent...)
They did not create a situation where the filibuster for legislation, as opposed to appointments, would be declared unconstitutional. That would be a much tougher row to hoe, as the Senate introduces its own legislation and has the constitutional authority to determine its own rules.
I agree that Reid could call their bluff in the way you suggest. It would be a very interesting thing to watch. But Reid does not seem to be capable of pulling it off; he simply will not risk all legislation being halted on the unproven assumption that the Republicans will cry 'uncle'.
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Date: 2010-01-27 10:33 pm (UTC)Not quite. The Republicans threatened to create a situation where a parliamentary ruling that could be upheld by a majority vote would declare filibusters of judicial nominees (and perhaps some other appointees) unconstitutional. (Based on the constitutional requirement that the Senate advise and consent...)
They did not create a situation where the filibuster for legislation, as opposed to appointments, would be declared unconstitutional. That would be a much tougher row to hoe, as the Senate introduces its own legislation and has the constitutional authority to determine its own rules.
I agree that Reid could call their bluff in the way you suggest. It would be a very interesting thing to watch. But Reid does not seem to be capable of pulling it off; he simply will not risk all legislation being halted on the unproven assumption that the Republicans will cry 'uncle'.