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The Filibuster is not in the Constitution. From radio talk host Alan Nathan
Democrats want the political force of the Republicans without the numeric force to attain it. To let them have such leverage through the filibuster, a non-constitutionally guaranteed entitlement, is to deny the larger agreeing block of voters their proportional representative voice. You don’t get to enjoy the very prize that you lost at the ballot box.
...For example, thanks to liberal ads, most Americans mistakenly think that jettisoning the filibuster would be a break from the intent of our Founding Fathers. New York Democratic Sen. Charles Schumer says, “We’re in the ramp-up to a constitutional crisis.” Well a quick scanning of our old daddies’ Constitution would reveal in Article 1, Section 5 that, “Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.” In short, the party in power enjoys the greatest influence over said determination of rules. It appears that the only ones in a crisis are those on the losing end of an argument. (Perhaps that’s why Mr. Reid has been backpedaling a bit on the rhetoric and making overtures to Mr. Frist on two of President Bush’s 10 conservative judicial nominees.)