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Full-Text Articles in Law
Split Definitive, Lawrence Baum, Neal Devins
Split Definitive, Lawrence Baum, Neal Devins
Popular Media
For the first time in a century, the Supreme Court is divided solely by political party.
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
Faculty Publications
Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …