JBeukema
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Why the 'Silent' Filibuster Is Unconstitutional - David RePass - Politics - The AtlanticIn years past, real filibusters rarely happened since they required opposition senators to go to the effort of standing on their feet and speaking continuously for hours on end. Only the most intense and dedicated opposition would mount filibusters. But with the advent of the "silent" filibuster, which requires no effort (other than telling the Majority Leader that there are 41 members opposed to a bill), the number of "filibusters" has increased enormously. The practice of requiring a supermajority of 60 has now become routine.
The demise of majority rule in the Senate is a violation of the Founding Fathers' clear wishes and intent.
When it came to procedures, they believed that simple majorities, not supermajorities, should be the rule. This is demonstrated in Article 1, Section 5, of the Constitution which says that "a majority of each House shall constitute a quorum to do business."
During the Constitutional Convention, the Founding Fathers had considered supermajority quorums but rejected the idea. Federalist Paper No. 58 says that "in all cases where justice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed if quorums of more than a majority were required. It would be no longer the majority that would rule: the power would be transferred to the minority."
There is no difference in procedural effect between requiring a supermajority quorum and requiring supermajority approval to bring a matter to the floor.