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Drake Tungsten
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Knee deep in alien womyn...
Oct 2001 time: 14:17
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quote: Majority Leader Senator Mike Mansfield (D-Montana), spearheaded the adoption of a new Senatorial procedure. Mansfield created a system that would technically maintain the Senate's tradition of unlimited debate but would prevent a legislative logjam. This system is known as the "two-track" system. In this system, if one issue or "track" is being filibustered, the Senate can switch to another track in order to deal with other pending business.
Even this did not stop Southern Senators from filibustering the civil rights legislation in 1964. However, the majority realized they had a super-majority to invoke cloture and were determined to pass the legislation. These Senators, therefore, did not use the "two-track" system. The Southern Senators held out for fifty-seven working days, including six Saturdays, before cloture was invoked and the bill was passed nine days later
Since the 1960s the "two-track" system devised by Mansfield has prevailed, preventing old-fashioned filibusters. As John W. Dean, President Richard Nixon's former White House counsel, has written: "On the one hand, the two-track system strengthened the ability of the majority to withstand a filibuster by enabling it to conduct other business. On the other hand, it made it easier for the filibustering minority, which did not have to constantly hold the floor."
The "two-track" system appears to have changed the culture of the Senate and seems more suited to the age of soundbites and a heavy legislative workload. When there are filibusters, they are usually scheduled so that other Senate business isn't delayed. Usually, however, if a filibuster is threatened, the leadership won't even attempt to bring the issue to the floor unless it is sure it has the support of at least sixty Senators (three-fifths). In essence, the filibuster has changed from a noisy propeller airplane to a silent Stealth Bomber. The merits of the modern filibuster can be debated endlessly, but it continues to play its historical role in the Senate in giving extra power to the minority, especially nowadays in a closely divided Senate, which needs a super-majority for highly contentious matters. |
http://www.hnn.us/articles/1818.html
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