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Law

College of William & Mary Law School

Filibusters

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Political Science

The Senate: Out Of Order?, Aaron-Andrew P. Bruhl May 2011

The Senate: Out Of Order?, Aaron-Andrew P. Bruhl

Faculty Publications

Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to ...


The Constitutionality Of The Filibuster, Michael J. Gerhardt Jul 2004

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.