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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: mph who wrote (24066)7/14/2006 12:46:01 PM
From: Tom Clarke  Respond to of 541478
 
Chemerinsky looks like a real piece of work. This is what he said on 11/2/05 in an online discussion:

>>Fairfax, Va.: I have always thought that the Gang of 14 “Compromise” was really a total cave-in by the Democrats wherein they agreed to eviscerate the filibuster rather than fight for it. What is your opinion about that agreement?

Erwin Chemerinsky: The filibuster has existed throughout American history. The effort by Republican Senators to eliminate it was power politics pure and simple. I am not sure why Democrats went along with the compromise unless they felt that they did not have the votes to keep the filibuster and it was the best they could do.

From a law review article he co-authored in 1997:

>>The modern filibuster . . . has little to do with deliberation and even less to do with debate. The modern filibuster is simply a minority veto, and a powerful one at that. It is not part of a long Senate tradition and history alone cannot justify it. (p. 184)

. . . .

[E]ntrenchment of the filibuster violates a fundamental constitutional principle: One legislature cannot bind subsequent legislatures. (p. 247.)

. . . .

Therefore, Senate Rule XXII is unconstitutional in requiring a two-thirds vote in order to change the Senate’s rules. Declaring this rule unconstitutional would mean that a majority of the Senate could abolish or reform the filibuster. Ideally, the Senate would recognize this violation and revise its own rules to eliminate the requirement for a supermajority. (p. 253.)
patterico.com

And he's posted on the Huffington Post.
huffingtonpost.com

Just another activist posing as a law professor.....