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L. Constitutional Theory & History (2009, 2010, 2012, 2013, 2014, 2015, forthcoming, and working papers)
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Reform The Filibuster, Now!: An Open Letter To The Leaders And Members Of The 112th Senate, Seth Barrett Tillman
Reform The Filibuster, Now!: An Open Letter To The Leaders And Members Of The 112th Senate, Seth Barrett Tillman
Seth Barrett Tillman
When the new Congress meets in January 2011, the Presidency and Vice Presidency will be controlled by Democratic incumbents and the House will be controlled by a Republican majority. As a result, were the Senate to repeal or reform the filibuster -- each party would have a significant power base -- outside of the Senate -- from which to block objectionable legislation and to protect its policy agenda and interests. This situation presents a unique opportunity to reform or repair the imbecility (as the Founders would have expressed it) of the Senate, caused by Senate Rule XXII, the Filibuster Rule. …