The more conservatives open their mouths on the “unfairness” of the judicial filibuster that’s going on right now, the less I agree with them. Consider this defense of majoritarianism untrammeled by any conception of rights:
The essence of our democratic system of government is beautiful in its simplicity: Majorities must be permitted to govern. As our nation’s Founders explained in Federalist No. 22, “the fundamental maxim of republican government … requires that the sense of the majority should prevail.” And as the Supreme Court has unanimously held, our Constitution is premised on the democratic doctrine of majority rule.Filibuster “misuse” presumably means “use of the filibuster to oppose things I favor.”
Today, a minority of obstructionist senators are forcing upon the confirmation process a supermajority requirement of 60 votes. They are using the filibuster not simply to ensure adequate debate, but actually to block many of our nation’s numerous judicial vacancies from being filled.
The public’s historic aversion to abusive filibusters is well grounded. These tactics not only violate democracy and majority rule, but arguably offend the Constitution as well. Indeed, prominent Democrats such as Lloyd Cutler and Sens. Tom Daschle, Joe Lieberman and Tom Harkin have condemned filibuster misuse as unconstitutional. [Sen. John Cornyn, Wall Street Journal, 5/6/03]