Our Common Good
It has been said that more than a majority ought to have been required for a quorum; and in particular cases, if not in all, more than a majority of a quorum for a decision. … In all cases where justice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed. It would be no longer the majority that would rule: the power would be transferred to the minority. Were the defensive privilege limited to particular cases, an interested minority might take advantage of it to screen themselves from equitable sacrifices to the general weal, or, in particular emergencies, to extort unreasonable indulgences.

Republicans opposed to filibuster reform have complained bitterly that attempts to change the rules would “destroy” the traditions of the Senate, as Republican Minority Leader Mitch McConnell has put it.

But James Madison — the guy who is actually referred to as “The Father of the Constitution” — argued forcefully in the Federalist Papers against proposals that would have required a “supermajority” to pass legislation. Madison said the idea of requiring more than 51 votes for the Senate to act would thwart a “free government,” empower special interests seeking “unreasonable indulgences” and make the government “oligarchic.”

Reading Madison’s own words, it is impossible to conclude that the Founders would have envisioned, let alone approved, a system in which more than 51 votes are required to get anything done. If anything, the abuse of the filibuster itself is what’s destroying our democratic traditions.

(via upwithchris)

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