New York University Public Law and Legal Theory Working Papers

Authors

Burt Neuborne

Document Type

Article

Comments

Stanford Journal of Civil Rights and Civil Liberties, Vol. 10, Forthcoming

Abstract

Professor Neuborne argues that the modern filibuster functions as a de facto supermajority voting rule that violates the one Senator-one vote language of the 17th Amendment, and the unamendable equal state suffrage guaranty of Article V. Just as a weighted voted system in the Senate would violate the equal suffrage guaranty, He argues that the inevitable mathematical variation in the value of each vote under a supermajority rule condemns the modern filibuster as a violation of the equal state suffrage rule.

Date of Authorship for this Version

1-2014

Keywords

Senate filibuster, Supermajority, Constitution, Seventeenth Amendment, Article V, Senate Voting Rule XXII

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