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Questions of The Filibuster's Constitutionality Linger


From: Dave Farber <dave () farber net>
Date: Fri, 13 Jun 2003 18:31:35 -0400


------ Forwarded Message
From: Joseph Lorenzo Hall <jhall () astron berkeley edu>
Date: Fri, 13 Jun 2003 13:52:20 -0700 (PDT)
To: Dave Farber <dave () farber net>
Subject: Questions of The Filibuster's Constitutionality Linger

(pls remove email, thanks)

http://writ.news.findlaw.com/amar/20030613.html


With a Potential Supreme Court Nomination At Stake, Questions of The
Filibuster's Constitutionality Linger

By VIKRAM DAVID AMAR

This is Part One of a two-part series by Professor Amar on the
Constitution and the filibuster. - Ed.

Republican Senate leaders have been voicing extreme dissatisfaction
over the Democrats' use of the filibuster to block final consideration
of President Bush's candidates - such as Miguel Estrada and Priscilla
Owen - for the federal appellate bench. Over the last week, in
particular, things have heated up quite a bit.

Senate Majority Leader Bill Frist has proposed significant changes to
the rules regarding filibusters. And on June 5, the Senate Rules and
Administration Committee held some remarkable hearings on the
filibuster.

Prior to the hearings, the debate had focused on the history and
politics of the filibuster. (Both were the subjects of a recent column
for this site by John Dean.) In contrast, last week's Committee
questioning centered more on various interesting and profound
constitutional questions surrounding the practice, which I will take
up in this two-part series of columns.

These questions are going to get more and more important, as the
summer nears, and the possibility of a Supreme Court vacancy looms.

<...>

------------------------------------------------------------------
Joseph Lorenzo Hall
Graduate Student                 http://astron.berkeley.edu/~jhall

Please don't send Word documents via email! Why?
 http://astron.berkeley.edu/~jhall/export/attachments.html
Please consider using PDFs instead. How?
 http://sourceforge.net/projects/pdfcreator/


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