The specious appeal to a minority party's "rights" as a defense of the filibuster
In the debate over whether and how to reform the Senate filibuster, opponents have been making a lot of noise about the purported "rights" of a minority party in the Senate. But the Constitution does not even so much as contemplate the existence of political parties, let alone extend to them, as a bloc, any particular "rights." So appealing to the minority party's "rights" as a bloc amounts to utter nonsense. Any rights as regards the Senate attach either to the body as a whole (e.g., the Constitution gives both the House and Senate the right to set their own rules, as a body), or to individual Senators on an equal basis. Individual senators have the right to vote their consciences, and even to vote against their party if their consciences so dictate. The Constitution contemplates both houses operating by a simple majority vote, and explicitly lays out the circumstances (such as impeachment or a constitutional amendment) that require a super majority (two-thirds in both cases).
The filibuster exists, in the first place, as a parliamentary courtesy to ensure that a minority party has an opportunity to be heard. But Republicans in the last two Congresses have not used it merely as an opportunity to be heard; they have abused it, invoking it on virtually EVERY piece of legislation that comes before it. And it has been used not only on votes on actual legislation, but on parliamentary procedural votes (e.g., on votes regarding whether or not the Senate will take a vote on a particular piece of legislation). The filibuster was NEVER intended as a means for a Senate minority to block legislative action, or to prevent votes from taking place on executive branch nominees.
The Constitution, while allowing each house of Congress to make its own rules, most certainly did not envision either body creating a rule that could be used to effectively thwart the will of a duly elected majority. Lest anyone wish to claim that this is something "both parties do," it is important to note here that Republicans in the last two Congresses have employed the filibuster at a rate that is nearly DOUBLE that of any other Congress in American history, including those in which Democrats were in the minority. Since Republicans have demonstrated that they cannot be trusted to use a parliamentary courtesy in the manner it was intended, it is past time to reform that rule to whatever extent is necessary to prevent the current minority, or any future minority, from preventing the Senate from accomplishing the work it is elected, and Constitutionally-mandated, to do. Simply leaving it as it is renders impossible governance in a closely divided political climate, and thwarts the very core essence of democracy.
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