Category: Procedure

  • Tyranny of the Minority: The Unconstitutionality of the Filibuster

    Tyranny of the Minority: The Unconstitutionality of the Filibuster

    By Madeleine Polubinski — In recent years, congressional gridlock has focused national attention on the Senate’s filibuster. The filibuster is the process by which a minority of senators delay or prevent a vote on legislation by speaking as long as possible on the Senate floor, until three-fifths of the Senate invoke cloture, which moves the…