| The Senate, with its two members per state, regardless of population is, then, the forum of the states. Indeed, in the last Congress, 52 members, a majority, representing the 26 smallest states accounted for just 17.06 percent of the US population. In other words, a majority in the Senate does not necessarily represent a majority of the population. The Senate is intended for deliberation not point scoring. It is a place designed from its inception, as expressive of minority views. Even 60 Senators, the number required for cloture, would represent just 24 percent of the population, if they happened to all hail from the 30 smallest states. Unfettered debate, the right to be heard at length, is the means by which we perpetuate the equality of the states.
..snip.. For the temporary gain of a hand-full of "out of the mainstream" judges, some in the Senate are ready to callously incinerate each Senator's right of extended debate. Note that I said each Senator. For the damage will devastate not just the minority party. It will cripple the ability of each member to do what each was sent here to do - - represent the people of his or her state. Without the filibuster or the threat of extended debate, there exists no leverage with which to bargain for the offering of an amendment. All force to effect compromise between the two political parties is lost. Demands for hearings can languish. The President can simply rule, almost by Executive Order if his party controls both houses of Congress, and Majority Rule reins supreme. In such a world, the Minority is crushed; the power of dissenting views diminished; and freedom of speech attenuated. The uniquely American concept of the independent individual, asserting his or her own views, proclaiming personal dignity through the courage of free speech will, forever, have been blighted. And the American spirit, that stubborn, feisty, contrarian, and glorious urge to loudly disagree, and proclaim, despite all opposition, what is honest and true, will be sorely manacled. Yes, we believe in Majority rule, but we thrive because the minority can challenge, agitate, and question. We must never become a nation cowed by fear, sheeplike in our submission to the power of any majority demanding absolute control. Generations of men and women have lived, fought and died for the right to map their own destiny, think their own thoughts, and speak their minds. If we start, here, in this Senate, to chip away at that essential mark of freedom - - here of all places, in a body designed to guarantee the power of even a single individual through the device of extended debate - - we are on the road to refuting the Preamble to our own Constitution and the very principles upon which it rests. In the eloquent, homespun words of that illustrious, obstructionist, Senator Smith, "Liberty is too precious to get buried in books. Men ought to hold it up in front of them every day of their lives, and say, 'I am free--to think--to speak. My ancestors couldn't. I can. My children will." |
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