# Four Members of Congress Sue To Declare Filibuster Unconstitutional **URL:** \ **Category:** Great Debates\ **Created:** [May 16, 2012, 5:39pm UTC](https://boards.straightdope.com/t/four-members-of-congress-sue-to-declare-filibuster-unconstitutional/622116 "2012-05-16T17:39:21Z")\ **Posts on this page:** 4\ **Page:** 7
**Author:** ![2sense](https://avatars.discourse-cdn.com/v4/letter/2/e47774/32.png) [@2sense](https://boards.straightdope.com/u/2sense)\ **Post date:** [May 18, 2012, 4:07pm UTC](https://boards.straightdope.com/t/four-members-of-congress-sue-to-declare-filibuster-unconstitutional/622116/121 "2012-05-18T16:07:09Z")
> [@ElvisL1ves](#): > > Only if you think they can keep it up forever, _and_ will have enough net public support to encourage them to continue, \*and \*are willing to set everything else aside in their cause. But that hasn’t often happened historically, has it? Your approach to countering filibustering isn’t even to negotiate with terrorists; it’s to simply surrender to them. It’s not **my** approach. My approach is the same as **BrainGlutton** ’s. The best solution is no Senate at all. I’m just pointing out the realities of the filibuster. Historically it hasn’t happened because the active filibuster has given way to the procedural filibuster for the reasons I’ve laid out. Making people talk and talk serves no purpose. The Minority can easily go on indefinitely but the Majority cannot since nearly all of their Senators need to remain present. And the Majority can’t conduct other business while the futile exercise goes on. You have it backwards. It is the Majority that has to set everything aside in the cause of forcing the Minority to actively filibuster. That’s why it doesn’t happen outside of the occasional publicity stunt. I’m not saying that there are no sensible solutions. Just that none of them include allowing the active filibuster. ---
**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\ **Post date:** [May 19, 2012, 11:45am UTC](https://boards.straightdope.com/t/four-members-of-congress-sue-to-declare-filibuster-unconstitutional/622116/122 "2012-05-19T11:45:25Z")
> [@ElvisL1ves](#): > > The bulk of the Democrats followed Reid’s request and voted against it. [Reid now admits](http://www.huffingtonpost.com/2012/05/11/harry-reid-filibuster-reform_n_1510167.html) he had overrated the GOP’s basic sense of responsibility and should have supported it. You can’t make a “gentlemen’s agreement” with non-gentlemen. “Admits” suggests an underlying honesty that I wouldn’t attribute to any politician…much less Reid. ---
**Author:** ![Age\_Quod\_Agis](https://avatars.discourse-cdn.com/v4/letter/a/d07c76/32.png) [@Age\_Quod\_Agis](https://boards.straightdope.com/u/Age_Quod_Agis)\ **Post date:** [May 19, 2012, 2:50pm UTC](https://boards.straightdope.com/t/four-members-of-congress-sue-to-declare-filibuster-unconstitutional/622116/123 "2012-05-19T14:50:23Z")
> [@septimus](#): > > BTW, I don’t think a simple count of filibusters is key to quantifying obstructionism. Democrats filibustered particularly incompetent right-wing judicial appointments, and acquiesced when respected right-wingers were proposed. The GOP filibusters all “liberal” judges. “Particularly incompetent right-wing judicial appointments” like [Miguel Estrada](http://en.wikipedia.org/wiki/Miguel_Estrada)? Who received a unanimous “well qualified” rating from the American Bar Association and enjoyed the support of the majority of the Senate? Or [Priscilla Owen](http://en.wikipedia.org/wiki/Priscilla_Owen), who was also rated “Well Qualified” by the ABA and also enjoyed the support of the majority of the Senate? Or [Carolyn Kuhl](http://en.wikipedia.org/wiki/Carolyn_Kuhl), who was also rated “Well Qualified” by the ABA? Or [David McKee](http://en.wikipedia.org/wiki/David_W._McKeague), who was filibustered not because of his qualifications, but because Sens. Levin and Stabenow were going to filibuster any Bush nominees from Michigan until Bush re-nominated two former Clinton nominees (and after the Gang of 14 compromise, he was confirmed by the full Senate 96-0). And the GOP filibustered all “liberal” judges, like Elena Kagan and Sonya Sotomayor? If the test for “obstructionism” boils down to whether it was Democrats or Republicans doing it, then that’s not a fair test. ---
**Author:** ![2sense](https://avatars.discourse-cdn.com/v4/letter/2/e47774/32.png) [@2sense](https://boards.straightdope.com/u/2sense)\ **Post date:** [May 19, 2012, 6:47pm UTC](https://boards.straightdope.com/t/four-members-of-congress-sue-to-declare-filibuster-unconstitutional/622116/124 "2012-05-19T18:47:21Z")
> [@What\_the](#): > > “Admits” suggests an underlying honesty that I wouldn’t attribute to any politician…much less Reid. Especially since Reid had to know full well it was just putting lipstick on a pig. [Previous page](https://boards.straightdope.com/t/four-members-of-congress-sue-to-declare-filibuster-unconstitutional/622116.md?page=6)