The Senate Filibuster is Unconstitutional
Vice-President Harris Can Rule the Filibuster Unconstitutional so THE Senate Can Pass S.1
Jump to today’s actions:
BACKGROUND
Next week the Senate begins considering S1. McConnell’s promised filibuster will effectively kill its consideration, making this the perfect time for VP Harris, as presiding officer, to declare the silent filibuster unconstitutional--as Nixon, Humphrey, and Rockefeller did when they were VPs.
The Constitution is based on the principle of majority rule. Whenever the Framers required a supermajority, they said so. Their failure to require it for general legislation makes the filibuster unconstitutional.
The silent filibuster, by allowing 41 Senators (representing only 22% of Americans) to block legislation by simply declaring their opposition, violates:
Article 1, section 3--negating the votes of the other 59
Article 5--negating each state’s right of equal suffrage
Article 1, section 5--redefining what constitutes a quorum. According to the Founders, a majority of a quorum (26 of 51) was sufficient to do business--not the 60 senators both being present and consenting.
It also makes meaningless the VP’s right to break Senate ties, which will never occur if action can be blocked by 41 Senators.
Together we can convince our Senators of the need for immediate action. Pick up the phone and ask them to request VP Harris issue an opinion declaring the silent filibuster unconstitutional.
1. Call the Senate.
Script for Oregon Senators
SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753
My name is [--] and I'm a constituent from [city], Oregon [zip code].
The Constitution is based on the principle of majority rule. Whenever the Framers required a supermajority, they said so. Thus, no such requirement for the passage of general legislation exists. I am therefore calling on you to convince your colleagues to demand a ruling from Vice-President Harris, as the Senate’s presiding officer, that the silent filibuster is unconstitutional. Such an act would be consistent with opinions previously issued by VPs Nixon, Humphrey, and Rockefeller. This will force the Senate to determine how to protect both the principle of majority rule and the minority’s right to be heard.
SEN. WYDEN: Portland office: 503-326-7525 | D.C. office: 202-224-5244
My name is [–] and I’m a constituent from [city], Oregon [zip code].
The Constitution is based on the principle of majority rule. Whenever the Framers required a supermajority, they said so. Thus, no such requirement for the passage of general legislation exists. I am therefore calling on you to convince your colleagues to demand a ruling from Vice-President Harris, as the Senate’s presiding officer, that the silent filibuster is unconstitutional. Such an act would be consistent with opinions previously issued by VPs Nixon, Humphrey, and Rockefeller. This will force the Senate to determine how to protect both the principle of majority rule and the minority’s right to be heard.
Script for Republican Senators
D.C switchboard: 202-224-3121
The Republican Party must stand for more than merely using the filibuster to upend legislation that protects both the voting rights of your constituents and our democracy. If you are truly interested in protecting your rights as a member of the minority, you should join with your colleagues to reform Senate procedures so that they protect both the principle of majority rule and the minority’s right to be heard.
My name is [–] and I’m a constituent from [city], [state], [zip code].
2. Call the House.
Script for Suzanne Bonamici (OR-01)
Oregon office: 503-469-6010 | DC office: 202-225-0855
My name is [–] and I’m a constituent from [city], Oregon [zip code].
Thank you for passing H.1 (For the People Act) which is needed to protect our democracy from the GOP’s attempts to institutionalize minority rule. Please raise your voice to urge Senate colleagues to ask Vice-President Harris to rule the filibuster unconstitutional. This will force the Senate to determine how to effectively bring languishing House-passed legislation to the floor for debate and passage.
Script for Cliff Bentz (OR-02)
Medford office: 541-776-4646 | DC office: 202-225-6730
My name is [–] and I’m a constituent from [city], Oregon [zip code].
The Republican Party must stand for more than merely using the filibuster to upend legislation that protects both the voting rights of your constituents and our democracy. It is time to call on your party to work with the Democrats to reform Senate procedures so that they protect both the principle of majority rule and the minority’s right to be heard.
Script for Earl Blumenauer (OR-03)
Oregon office: 503-231-2300 | DC office: 202-225-4811
My name is [–] and I’m a constituent from [city], Oregon [zip code].
Thank you for passing H.1 (For the People Act) which is needed to protect our democracy from the GOP’s attempts to institutionalize minority rule. Please raise your voice to urge Senate colleagues to ask Vice-President Harris to rule the filibuster unconstitutional. This will force the Senate to determine how to effectively bring languishing House-passed legislation to the floor for debate and passage.
Script for Peter DeFazio (OR-04)
Eugene office: 541-465-6732 | DC office: 202-225-6416
My name is [–] and I’m a constituent from [city], Oregon [zip code].
Thank you for passing H.1 (For the People Act) which is needed to protect our democracy from the GOP’s attempts to institutionalize minority rule. Please raise your voice to urge Senate colleagues to ask Vice-President Harris to rule the filibuster unconstitutional. This will force the Senate to determine how to effectively bring languishing House-passed legislation to the floor for debate and passage.
Script for Kurt Schrader (OR-05)
Salem office: 503-588-9100 | DC office: 202-225-5711
My name is [–] and I’m a constituent from [city], Oregon [zip code].
Thank you for passing H.1 (For the People Act) which is needed to protect our democracy from the GOP’s attempts to institutionalize minority rule. Please raise your voice to urge Senate colleagues to ask Vice-President Harris to rule the filibuster unconstitutional. This will force the Senate to determine how to effectively bring languishing House-passed legislation to the floor for debate and passage.
3. Take Action
Join us on Saturday, June 19th from 12-2 for our For the People phone bank. Help keep our democracy: https://www.indivisibleor.org/events/phone-bank-ftpa-06-19-21
Further Reading
United States: The Senate Filibuster Is Unconstitutional
Commentary: The Filibuster Is Unconstitutional
Op-Ed The filibuster is unconstitutional. Here’s how Vice President Harris can take it on
