Prime Only Members-Only Article

Filibuster or No Filibuster is Not a Binary Choice

|
January 19, 2022 6:04 p.m.
THE BACKCHANNEL
FREE EDITION
Your subscription could not be saved. Please try again.
Your subscription has been successful.
NEW!
A FREE email newsletter from Josh Marshall An email newsletter from Josh Marshall

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.

This is a members-only article
Small Team. Big Results.
We’re proud of what our small newsroom has accomplished and it’s not hyperbole when we say that without our members, none of this would be possible.
Free memberships available for students and those experiencing financial hardship.
Already a member? SIGN IN
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: