“Think twice.” “Look before you leap.” “Haste makes waste.” Such advice from our parents indicates that they appreciate the filibuster. Let us explain.
Power is dangerous; yet the majority wields absolute power in a democracy. The Federalist observes further that in a democracy “the legislative power necessarily predominates”. The majority must rule; but we try to tame or moderate it. A lynch mob behaves perfectly democratically, so we seek to tie majority rule to respect for minority rights.
Bicameralism requires the majority literally to think twice. Different features of each house generate different attitudes and opinions in each house. Further, the Senate acts as a brake on the House.
The filibuster places a heavier foot on the brake. As the Wall Street Journal noted, “ the filibuster requires 60 votes to pass most legislation, thus providing a bulwark against consolidated power.” A bill must appeal to more, and more diverse, interests in order to garner an enhanced majority of 60 votes. The majority, albeit an enhanced majority, does rule.
As political scientist Martin Diamond said, the system is democratic, just differently democratic. As our parents observed, bluntly, “Don’t throw the baby out with the bath water.
I’m Bob Evans, and that is my perspective.
