The Humble Libertarian

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Tuesday, May 15, 2012

Liberal Activists File Lawsuit Claiming That The Filibuster Is Unconstitutional

A group of illegal immigrant students, joined by four Democrat members of the House, have filed a lawsuit against the Senate’s filibuster claiming that it’s unconstitutional because it dilutes the voting authority of the House members as well as the representation of their constituents in Congress.
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Outrageous? Non-US citizens are literally filing a federal lawsuit challenging the Constitution while requesting that a court amend the Constitution to accommodate their demands.  For starters, there is the issue of standing - one must have legal standing to file a lawsuit, something they apparently claim to already have with several members of the House of Representative joining them in the lawsuit.  For a member of Congress to participate in a lawsuit challenging the Constitution is absurd because the Constitution contains specific procedural provisions to amend the Constitution.   More importantly, the Constitution absolutely authorizes each chamber of Congress to make its own rules. The Senate filibuster rule has been around for a long time.  In fact, the Republicans thought about changing the filibuster rules when they were in control but wisely declined because as every Republican and Democrat knows, they won't always be the majority.

Judy Morris,
Blogger, THL
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