Text 14169, 63 rader
Skriven 2007-05-07 22:19:23 av Josh Hill (539.babylon5)
     Kommentar till en text av rec.arts.sf.tv.babylon5.moderated
Ärende: Re: OT: a proposal for increasing teachers' salaries
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On Mon, 07 May 2007 17:22:32 GMT, Kurt Ullman <kurtullman@yahoo.com>
wrote:

>In article <pg7t33prucmr6dpn5t0b106p2g2eg3esr9@4ax.com>,
> Josh Hill <usereplyto@gmail.com> wrote:
>
>>
>> 'For instance, the Constitution requires a 2/3 supermajority of each
>> House to override a Presidential veto of legislation. In addition, it
>> requires a 2/3 majority of the Senate to convict and remove an officer
>> of the United States who has been impeached by the House (as many will
>> remember from President Bill Clinton's impeachment).
>>=20
>> 'In short, some suggest, ordinary majority rule is the Constitution's
>> baseline, and the Constitution is careful and explicit in detailing
>> the situations in which supermajorities are required. Thus, the
>> Constitution's drafters plainly knew how to impose a supermajority
>> rule when they wanted to. They didn't, however, impose the
>> supermajority requirement for ending debate in the Senate.
>
>      But by the same token  neither did they say it was not available.=20
>If can't be careful and explicit in detailing when and not careful and=20
>explicit in saying when NOT to do something.=20

But it can. It's much clearer when you read the actual document. For
example,.

"Each House may determine the Rules of its Proceedings, punish its
Members for disorderly Behavior, and, with the Concurrence of
two-thirds, expel a Member."

The framers clearly presupposed a majority vote in the first two
clauses.

>> 'Therein lies the primary argument against the constitutionality of
>> the filibuster: In failing to expressly include the Senate cloture
>> rule, the Constitution implicitly excludes it. (The Latin term for
>> this interpretive rule is expressio unius est exclusio alterius.) The
>> Constitution, on this reading, gives an exhaustive, exclusive list of
>> all supermajority rules that can be applied in the House or Senate.'
>>=20
>> http://www.yuricareport.com/Law%20&%20Legal/Senate%20Rules%20on%20Fili=
buster.h
>> tml
>
>    If this was to be an exhaustive list, then it would have also=20
>exhausted the possibility of other supermajorities by specifically=20
>precluding them (or maybe including them with their own supermajority=20
>requirement.=20

IIRC, the Supreme Court has ruled against supermajority requirements
that Congress attempts to impose on itself.

--=20
Josh

"Why should we hear about body bags and deaths,
and how many, what day it=92s going to happen, and=20
how many this or what do you suppose? Or, I mean,
it=92s, it=92s not relevant. So, why should I waste my=20
beautiful mind on something like that?" - Barbara Bush
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