Posted by AzBlueMeanie:
"The first principle of republicanism is that the lex majoris partis is the fundamental law of every society of individuals of equal rights; to consider the will of the society enounced by the majority of a single vote as sacred as if unanimous is the first of all lessons in importance, yet the last which is thoroughly learnt. This law once disregarded, no other remains but that of force, which ends necessarily in military despotism." --Thomas Jefferson to Alexander von Humboldt, 1817.
The Founding Fathers thoroughly considered super-majority voting and rejected it in favor of a simple majority vote. So for all those so-called Constitutional conservatives who claim to believe in "originalism" out there, the Senate cloture rule, i.e. the filibuster, is not provided for in the Constitution.
The Founding Fathers identifed limited circumstances where a super-majority vote is required in the Constitution: conviction for impeachment in the Senate (Article 1, Section 3); expulsion of a member of a house of Congress (Article 1, Section 5); overriding a presidential veto (Article 1, Section 7); ratification of a treaty by the Senate (Article 2, Section 2); passing a constitutional amendment by Congress (Article 5); calling a constitutional convention by state legislatures (Article 5); ratifying a constitutional amendment by the states (Article 5).
Later amendments included restoring the ability of certain Confederate rebels to serve in the government (14th Amendment); approval of the removal of the president from his position after the vice president and cabinet approve removal and the president contests removal (25th Amendment).
The Senate cloture rule, i.e., the filibuster, was "inadvertently" created by the Senate in 1806. Political scientist Sarah Binder testified before the Senate in 2010 about the origin of the filibuster, with its Founding Father as the outgoing Vice President, Aaron Burr.
Binder said Burr told the Senate in 1805 that it should eliminate a rule that automatically cut off floor debate, called the previous question motion, because he thought it wasn’t needed.
“So when Aaron Burr said ‘get rid of the previous question motion,’ the Senate didn’t think twice. When they met in 1806, they dropped the motion from the Senate rule book,” she said.
The first Senate filibuster took place in 1837, so it took the Senate about 31 years to refine the procedure. But the name “filibuster” wasn’t used to describe the tactic until 1863 in the Senate.
The filibuster had been used sparingly over the years, until recent years when the anti-government insurrectionist Tea-Publican Party made the filibuster a "weapon of mass destruction" to destroy the federal government, requiring the 60 vote threshold for even the most routine and mundane business of the Senate. The Senate has been rendered entirely dysfunctional by paralysis from the insurrectionist Tea-Publican abuse of the Senate filibuster -- directly undermining the principles of constitutional democracy.
A Taft Republican on the Tea Party
Posted by AzBlueMeanie:
Wall Street Journal columnist Peggy Noonan aka "Our Lady Of The Magic Dolphins" as Charles Pierce at Esquire mocks her, wrote a column recently in which she imagines herself interviewing the late Robert Taft, often referred to as "Mr. Republican," about his advice to the modern-day GOP. The Wisdom of 'Mr. Republican'. I would call this creepy, but a number of pundits over the years have used this interview of dead people shtick, so it must be an acceptable form of literary device.
But if you want the the straight dope from a Taft Republican and not the hallucinatory tripping of Our Lady of The Magic Dolphins, the New York Times today has a guest opinion from John G. Taft. The Cry of the True Republican:
Five generations of Tafts have served our nation as unwaveringly stalwart Republicans, from Alphonso Taft, who served as attorney general in the late 19th century, through William Howard Taft, who not only was the only person to be both president of the United States and chief justice of the United States but also served as the chief civil administrator of the Philippines and secretary of war, to my cousin, Robert Taft, a two-term governor of Ohio.
As I write, a photograph of my grandfather, Senator Robert Alphonso Taft, looks across at me from the wall of my office. He led the Republican Party in the United States Senate in the 1940s and early 1950s, ran for the Republican nomination for president three times and was known as “Mr. Republican.” If he were alive today, I can assure you he wouldn’t even recognize the modern Republican Party, which has repeatedly brought the United States of America to the edge of a fiscal cliff — seemingly with every intention of pushing us off the edge.
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Oct 23, 2013 9:03:25 AM | AZBlueMeanie, Commentary, Party Politics, Scandals, Terrorism