The Filibuster is Unconstitutional, Says Professor - Gershman - 2013 - Artikel
Burt Neuborne thinks the Senate his decision to go nuclear on the filibuster wasn’t just a partisan shake-up of internal voting rules. It righted a longstanding constitutional wrong. The modern filibuster is changed into a de facto super-majority voting rule. It requires every proposed nominee or bill to clear a 60-vote cloture threshold. Votes cast by senators became mathematically unequal.
Since the votes of 41 senators defeated the votes of 59 Senators, each individual vote cast by the 41 lawmakers is effectively 1.44 times more powerful than each vote cast by the other 59. That’s unconstitutional, he says. This unequally mathematically voting, where each Senator has an equal 1/50 say, is not in line with each state equal suffrage, and each Senator an equal vote on particulate issue. ‘Each Senator shall have one vote’ was to prevent a weighted voting system in which the votes cast by senators representing more populous states count more than votes from smaller states.
“I don’t think a judge will ever interfere with the internal voting rules of the Senate, and I’m not sure he should, but I do think the senators have an independent duty to decide whether it’s constitutional.” He says his piece was aimed at veteran Senate Democrats who felt uneasy about breaking with such a long Senate tradition. If the filibuster is unconstitutional, says the professor, it’s their duty to go nuclear.
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