Prime Only Members-Only Article

Filibuster or No Filibuster is Not a Binary Choice

|
January 19, 2022 6:04 p.m.

We’re now watching the final parts moving into place as two Senate Democrats making a unmovable stand in favor of preserving the filibuster. You can see our live-blogging of the nitty gritty details here. I want to return to a more general point. Filibuster or no filibuster is not a binary choice. The current filibuster is the product of an incremental evolution over many decades. To the extent it matters, the framers of the constitution never envisaged anything like it. We know this because they included a few special cases where a super-majority would be required – for treaties, for removal from office, etc. If they thought it should be required for ordinary legislation they would have said so. But again, it’s not a binary choice.

Real Independence
Made Possible By Members

FREE community-supported memberships are available to students and those experiencing financial hardship

Most Popular
Prime
$60/yr
$60/yr
30% off!
Access to Member-Exclusives and Fewer Ads
Get Prime

    Also Includes:

  • The Hive Member Forum
  • Members-Only Newsletter
  • RSS Feeds
  • Commenting
Prime
$5.99/mo
Access to Member-Exclusives and Fewer Ads
Get Prime

    Also Includes:

  • The Hive Member Forum
  • Members-Only Newsletter
  • RSS Feeds
  • Commenting
Prime Ad Free
$120/yr
Access to Member-Exclusives and NO Ads
Get Prime AF

    Also Includes:

  • The Hive Member Forum
  • Members-Only Newsletter
  • RSS Feeds
  • Commenting
Prime Ad Free
$11.99/mo
Access to Member-Exclusives and NO Ads
Get Prime AF

    Also Includes:

  • The Hive Member Forum
  • Members-Only Newsletter
  • RSS Feeds
  • Commenting
Annual Plans
Monthly Plans

More Membership Options

Student (free with .edu email) CREATE STUDENT ACCOUNT Community-Supported (free all-access membership) APPLY NOW TPM Inside LEARN MORE
CONTACT FAQ
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Investigations Desk:
Reporters:
Newswriters:
Director of Audience:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: