The constitutional option

Law professors Michael B. Rappaport and John C. McGinnis explain why the Senate majority’s power to modify the filibuster is strongly supported by constitutional principles.

The Senate can choose to retain the filibuster rule, but. . .a majority must be able to change it. The Senate can thereby exercise its full constitutional authority to fashion rules of procedure but past majorities of the Senate cannot put current majorities in a procedural straitjacket. Thus, a change in the filibuster rule by a majority is not a “nuclear” option but instead the constitutional option


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