Dismantling the McConnell Project: Killing the Filibuster

There is a consensus among serious historians that the Founding Fathers wanted and expected Congress to be the most important of the three branches of the federal government. There was a time during the 19th century when that was, in fact, the case, but not now. The only important function of Congress today is to keep the lights on and, occasionally, to cut taxes; real power is wielded by the executive branch and, increasingly, by the Supreme Court. How can this be changed?

The filibuster is not mandated by the Constitution, so eliminating it is low-hanging fruit. In addition, the Supreme Court has made it impossible to push through significant reforms by administrative action; the Gorsuch model of government, which now has the force of law, requires an active and responsive Congress that legislates constantly and in greater detail to address emerging problems. As a result, the filibuster has to go.

Eliminating the filibuster comes with significant risks. America might well be much closer to a fascist state today if the GOP majorities in Congress had been set free. Nevertheless, it has to be done, because power abhors a vacuum, and the consequences of inaction–a completely disillusioned voting public and an imperial executive–are even worse than the potential for legislative overkill.

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