Role of U.S. Senate in Divided Government

Originally posted by no1marauder
True but the filibuster itself is non-Constitutional. And the use of the filibuster to block virtually every bit of legislation proposed by a President was unprecedented in US history until 2009. It will probably be the norm now where the President and Senate are of different parties unless reforms are enacted.

"True but the filibuster itself is non-Constitutional."

How so? Republicans have contended that for certain Senate functions of "advice and consent" the filibuster is inappropriate, but Democrats contend it is as good there as for legislation.

Originally posted by normbenign
"True but the filibuster itself is non-Constitutional."

How so? Republicans have contended that for certain Senate functions of "advice and consent" the filibuster is inappropriate, but Democrats contend it is as good there as for legislation.

The statement is correct and non-controversial. There is nothing in the Constitution making allowing a filibuster mandatory nor is there anything in it banning the practice. Therefore, it is "non-Constitutional".

The Republicans only make such a contention when there is a Republican President.