Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Pros of the filibuster
Filibuster in government
Filibuster in government
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Pros of the filibuster
In perhaps one of the most iconic films featuring the United States Senate, the naïve Washington outsider, Jefferson Smith, finds himself pitted against political graft and special interests from his first day as U.S. Senator. Out of options and fully opposed, Mr. Smith is forced to utilize the filibuster until complete exhaustion in order to convince unsympathetic Senators of his principle, as well the standards that the Senate should operate under. This classic film, Mr. Smith Goes to Washington, highlights many aspects of the Senate, most especially the merit of the filibuster in aiding in the protection of the little guy, the minority. Yet the filibuster throughout American history has evolved from this early notion of minority protection into a political gambit used by Senators to actually oppose debate. “The practice has gotten out of hand, leaving bills gridlocked in an oft-feuding Senate and stalling important votes for purely partisan gain” (TimeRe). The need for reform, constitutional reform, is evident by evaluating the essence of the problem itself. The problem, best understood in context to the filibuster’s historical development and the structural differences between the two chambers of congress, accentuates the need for reform, not abolishment of this extra-constitutional development. The filibuster has merit, but by introducing a constitutional amendment to make this senatorial policy more efficient and privy to democracy, the consequences prove to be overwhelming positive. As will be articulated below, a shifting cloture rule, as well as debate limitations will provide the ideal solution to what has become a growing, debilitating problem. Before venturing into the specifics of the problem concerning the filibus... ... middle of paper ... ... a small group of states, representing a fraction of the United States population, couldn’t thwart the interests of most of the nation. Adding a clause to this amendment clarifying filibuster rules in terms of reconciliation and judicial nominees will, no matter what logically is decided, will contribute efficiency and clarity. Overall, the end goal is to make the Senate more efficient and privy to democracy. Currently the filibuster even makes the “majority leader’s role of coalition-building extraordinarily challenging (O’Connor 239). Undoubtedly this has added the negative stigma Congress has accrued. Nonetheless, a constitutional amendment reforming the filibuster by adding a declining cloture rule and making more explicit rules and proceedings, the Senate can be transformed into a more a more efficient, bipartisan body focused on lively, not stalling debate.
Since its very conception, the Constitution of the United States has while holding great reverence, been a great topic of debate amongst the political scholars left to analyze it in all its ambiguity. Two such scholars, John Roche and Charles Beard, in their analyses of the Constitution aim to tackle a layer of the uncertainty: how democratic the Framers truly intended the Constitution to be. John Roche speaks in unquestionably high regard of the Framers in advocating that they so evidently compromised their own values in order to create a democratic document that would strengthen the US as a whole. Charles Beard conversely insists that as the economic elite of their time, the Framers were influenced primarily by their private interests to
... “inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice”? (Hamilton.Jay.Madison 105) With an end reminding us of the tough qualifications judicial offices must have met to get into office. “Hence it is that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the station of judges.” (Hamilton.Jay.Madison 106)
In the past century, people continued to express an increasingly discontent view of Congress especially true when one looks back before the Clinton Impeachment debacle As the size of the nation and the number of congressman have grown, the congress has come under attack by both public influences and congressman themselves. Yet looking at one congressman's relationship with his or her constituents, it would be hard to believe that this is the branch of government that has come under suspect. In “If Ralph Nader says congress is 'The broken branch,' how come we love our congressman so much?” author Richard F. Fenno, Jr., provides insight into this view and why, through congress coming under fire, constituents still feel positively about there congressmen. Although congress is often criticized, its fine tuned functioning is essential in checking the power of congress without hindering the making of legislation.
Davidson, Roger H., Walter J. Oleszek, and Frances E. Lee. Congress and Its Members. Washington, D.C.: CQ, 2009. Print.
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
In conclusion, even though some of the Congress processes and its structure seem to be made to slow things down and to reduce effectiveness, they exist to, as discussed in class, protect the minority from the tyranny of the majority. After all, one of the main objectives of having a government is to create a balanced society, and to reduce the chances of having social convulsion and anarchy.
...ily restore the power of the senate, however the quality of power is questionable (Cavazzi, F. 2014).
further the common good of the nation and help us become stronger. On the other side, we’ve applied concerns from Anti-Federalists regarding individual and state rights, along with the proper balancing of power. We’ve also placed the proper provisions in place, which protect against the abuse of power through through checks and balances. It may not be perfect, but as Alexander Hamilton said in Federalist No. 65, "If mankind were to resolve to agree in no institution of government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert." So come now, and urge your state to ratify. Now is the perfect time!
...to maintain a more productive form of government and reduce political polarization, obstructionism and slandering must be reduced or eliminated.
Cutler, Llyod N. "If it aint broke keep your amendments off my constitution." Washington Monthly, 1 Sept. 1997. Bigchalk Library. Proquest. Centreville Hs Lib.; Clifton, Va. 12 May. 2005 www.library.bigchalk.com.
Stilborn, Jack. Senate Reform: Issues and Recent Developments. Ottawa: Parliamentary Information and Research Service, 2008.
The Senate Confirmation of Presidential Appointees is a complex process that has numerous opportunities for dissention amongst the major players. When the president identifies individuals to fill specific federal appointments, those individuals are required to go through a vetting process called the Senate Confirmation process. Senators vote to approve or disapprove those nominations based on a variety of motivating factors such as political party affiliation, merits of the individuals and national interests. This grueling process is a gauntlet of interviews, background checks and extreme scrutiny in order to determine if the individual can “perform the job” and make sure that there are no “surprises” that may come out later. (Davidson, 325)
As seen quite often in the Obama administration, legislation gets stuck and lost in Congress due to the polarization of the parties in recent years. In Obama’s case, he has frequently threatened to go around the House and Senate if they could not reach an agreement or would shoot down his plans. Cato’s Pilon points out, however, that the hurdles of Congress are no mistake. Pilot states that the framer’s of the Constitution knew what they were doing, and this was intended to keep the checks and balances as well as accountability to the public (Lyons,
Otto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” The arduous process that a bill undergoes in order to become a law may seem grueling and pointless; however, the processes high caliber of difficulty allows for the extreme prestige and exclusivity of bills that are passed. Because the process is so exhausting, and filibusters, subsequently requiring a super-majority vote to pass a bill, have always been such a threat in Congress, historically, bills that attempt to reform sensitive issues have not fared well in the legislative branch. However, when Congress does pass controversial laws, it then also faces the task of effectively enforcing them. But, when the process is carried out to completion, laws that are enforced have significant impacts on the everyday lives of the American people—such as laws concerning abortion rights. In the United States, the government and Congress have significantly affected the rights of women with regard to abortions through laws that either restrict or guarantee their legality and availability, while the government’s capacity to do so is affected by the principle of federalism along with that of the separation of powers.
The first ten amendments were added to the Constitution of the United States in a period of uneasy calm. The Americans who were most apprehensive over that untried document, because its guarantees of liberty did not go far enough, included a great many who wanted to cut down its grants of legislative and executive power. But the amendments were drafted and submitted to the nation by men who supported both the substantive powers of the new government and the protection of civil rights and liberties. If some of them had little zest for the amendments they voted for, they at least recognized the force of the popular demand and joined in satisfying it. The major task of Madison and his congressional associates was to place the amending of the Constitution high on the House of Representatives agenda, ahead of important bills that were to fill out the structure of government. With that achieved, the amendments submitted by Madison were taken up,debated and perfected with scarce a single move to weaken them. (Brant 223)...