May 16, 2005

IMPARTIAL?:

A threat to impartiality in the American Senate (Bruce Ackerman, May 16 2005, Financial Times)

[T]he Republican leadership has manufactured a constitutional objection to the rules themselves. The constitution says each house "may determine the rules of its proceedings", and for two centuries the Senate has exercised this power in a distinctive fashion.

Men of good will can differ over whether filibustering nominees is consistent with the Constitution or Senate traditions, but, as Mr. Ackerman accidentally notes, no one can argue that changing a mere Senate rule is inconsistent with either.

Posted by Orrin Judd at May 16, 2005 1:14 PM
Comments

And that outranks Article II, Section II Clause II?

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Posted by: J. Mark English at May 16, 2005 1:44 PM

Ackerman is the legal world's answer to Paul Krugman.

Posted by: Robert Schwartz at May 17, 2005 1:17 AM
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