The Senate filibuster: a constitutional critique. From: Perspectives on Political Science | Date: January 1, 1997| Author: Heineman, Robert; Kearny, Edward N. | COPYRIGHT 1997 Heldref Publications. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

The use of filibuster has never been challenged on constitutional grounds, but it is both anti-majoritarian and a violation of the US Constitution. The critical problem lies with a body of Senators using filibuster to speak until the whole Senate body agrees to drop the consideration of a legislation the minority opposes. The device undermines the constitutionally authorized exercise of majority rule.

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