Ellison sues the Senate over filibuster
Throughout Barack Obama’s tenure as President, Congress has been held hostage by a minority party that has used unprecedented abuse of the filibuster to turn the Senate into a mockery of itself. Americans are sick and tired of Congress’s ineptitude, and GOP’s perversion of the filibuster is more than a little responsible.
So it’s great news that Common Cause and a handful of other plaintiffs — including our own Keith Ellison — are suing the Senate, claiming that the filibuster is unconstitutional:
At the core of [Plaintiffs’ lawyer Emmet] Bondurant’s argument is a very simple claim: This isn’t what the Founders intended. The historical record is clear on that fact. The framers debated requiring a supermajority in Congress to pass anything. But they rejected that idea….
In the end, the Constitution prescribed six instances in which Congress would require more than a majority vote: impeaching the president, expelling members, overriding a presidential veto of a bill or order, ratifying treaties and amending the Constitution. And as Bondurant writes, “The Framers were aware of the established rule of construction, expressio unius est exclusio alterius, and that by adopting these six exceptions to the principle of majority rule, they were excluding other exceptions.”
That should be a particularly persuasive argument for conservative justices, who base their small-government interpretation of the Constitution on a very similar argument — the enumeration of certain government powers means that those not mentioned must be unconstitutional by default. It’s hard for me to see how they would defend a sudden flip-flop from their laser-like focus on that particular rule of construction.
The beauty of this lawsuit, though, is that in many ways it’s a win-win proposition. If the courts rule against the plaintiffs, it’s likely to be on the basis of language in the Constitution that gives both houses of Congress the power to set their own rules. In other words, even if the courts uphold that the filibuster is constitutional, they’ll also be upholding the very rule that would give the Senate the power to eliminate the filibuster.
It’s high time for the filibuster to go. Elections have consequences — we need a return to majority rule.





