New York University Public Law and Legal Theory Working Papers

Title

One-State/Two-Votes: Do Supermajority Senate Voting Rules Violate the Article V Guaranty of Equal State Suffrage?

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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