Defending the Filibuster, Revised and Updated Edition: The Soul of the Senate

Notes

Notes 1. Soul of the Senate 1. “Senate’s Abuse of Filibuster Rule Threatens Democracy,” San Jose Mercury News, January 28, 2010. 2. Paul Krugman, “A Dangerous Dysfunction,” New York Times, December 20, 2009, A31. 3. “Filibuster Abuse: Founding Fathers Didn’t Plan It This Way,” Patriot-News (Harrisburg, Pa.), February 16, 2010, accessed July 1, 2011, http://www.pennlive .com/editorials/index.ssf/2010/02/filibuster_abuse_founding_fath.html. 4. “Filibuster, Gone Rogue: A Senate Rule That Cripples Our Democracy,” Star-Ledger (Newark, N.J.), January 10, 2010, accessed July 1, 2011, http://blog.nj .com/njv_editorial_page/2010/01/filibuster_gone_rogue_a_senate.html. 5. Clay Dumas, “Tyranny of the Minority,” Harvard Crimson (Cambridge, Mass.), February 17, 2010, accessed July 1, 2011, http://www.thecrimson.com/ article/2010/2/17/year-filibuster-republicans-democrats/. 6. Thomas Geoghegan, “Mr. Smith Rewrites the Constitution,” New York Times, January 10, 2010, A17. 7. Lloyd Cutler, “The Way to Kill Senate Rule XXII,” Washington Post, April 19, 1993, A23. 8. “Time to Retire the Filibuster,” New York Times, January 1, 1995, accessed July 1, 2011, http://www.nytimes.com/1995/01/01/opinion/time-to-retire-thefilibuster .html. 9. Ryan Grim, “Pelosi: End the Filibuster,” Huffington Post, July 1, 2010, accessed July 5, 2011, http://www.huffingtonpost.com/2010/07/01/pelosi-end-thefilibuster_n_632851 .html. 10. From its earliest known sources, the liquid is sometimes reported as tea. sometimes as coffee. According to Senator Robert Byrd, the story’s first known appearance is in an 1871 letter from constitutional law professor Francis Lieber to Ohio representative and later president James A. Garfield (Congressional Record, 204 · Notes to Pages 3–9 April 24, 2006). According to the Jefferson Encyclopedia on the Monticello website : “To date, no evidence has surfaced that such a conversation actually took place. The earliest known appearance of this story is in Harper’s New Monthly Magazine in 1884 . . . It was repeated by M. D. Conway in his Omitted Chapters of History Disclosed in the Life and Papers of Edmund Randolph, first published in 1888. Since then, the story has appeared many times in print, usually prefaced by the phrase, ‘the story goes . . .’ or something similar. There is no definitive proof that this story is not true. However, one possible indication that it is apocryphal is the fact that, to all appearances, Jefferson was not against the idea of a bicameral legislature. He wrote to the Marquis de Lafayette in 1789, ‘. . . for good legislation two houses are necessary . . .’” (http://wiki.monticello.org/mediawiki/index.php/ Senatorial_Saucer#_note-2). 11. U.S. Senate website, www.senate.gov. 12. Sarah A. Binder and Steven S. Smith, Politics or Principle? Filibustering in the United States Senate (Washington, D.C.: Brookings Institution Press, 1997), 1, 4. 13. Senator Tom Harkin, Congressional Record, February 11, 2010, S571. 14. William Ewart Gladstone, Gleanings of Past Years, 1875–8, vol. 1 (London: John Murray, 1879), 220. 15. See chapter 2: the Senate’s previous question motion, even when it did exist (1789–1806) very likely did not serve the purpose of ending debate and bringing the matter to vote. 16. Martin B. Gold, Senate Procedure and Practice, 2nd ed. (Lanham, Md.: Rowman & Littlefield, 2008), 48. 17. Roy Ulrich, “A Critique of the Senate Filibuster,” Huffington Post, May 2, 2009, accessed June 5, 2011, http://www.huffingtonpost.com/roy-ulrich/a-critiqueof -the-senate_b_193861.html. 18. Senator Orville Platt, Congressional Record, September 21, 1893, 1636. 19. U.S. Senate website, www.senate.gov. 20. “Legislative Bomb,” Nation, April 25, 2005, accessed July 1, 2011, http://www .thenation.com/article/legislative-bomb. 21. Vice President Joseph Biden, Face the Nation, February 14, 2010. 22. Some historians think it was Alexander Hamilton who wrote The Federalist No. 51. 23. James Madison, The Federalist No. 51, February 6, 1788. 24. Lindsay Rogers, The American Senate (New York: Knopf, 1926), 16. 25. Walter F. Mondale, U.S. Senate Leaders’ Lecture Series, September 4, 2002, U.S. Senate website, www.senate.gov. 26. Walter F. Mondale, “Testimony of Hon. Walter F. Mondale,” Joint Committee on the Organization of Congress hearing, July 1, 1993, 20. 27. Walter F. Mondale, “Resolved: Fix the Filibuster,” New York Times, January 2, 2011, WK10. Notes to Pages 10–20 · 205 2. Filibuster, Cloture, and Unfettered Amendment 1. Robert C. Byrd, The Senate 1789–1989: Addresses on the History of the United States Senate, vol. 1 (Washington, D.C.: U.S. Government Printing...