The legislative filibuster is one of the most important guardrails against the tyranny of the majority that exists in the United States Senate. Despite this critical function, both parties have, at various times, entertained the idea of eliminating the filibuster and with it, bipartisan compromise. Such an act of unbelievable shortsightedness would transform the Senate into a mirror image of the House of Representatives. This change would result in drastic policy reversals as party control shifts and could permanently disadvantage Republicans from ever again controlling the chamber. With gridlock and polarization so commonplace, how can we ensure the survival of the filibuster while addressing constructive suggestions for change? How likely might a permanent, constitutionally protected filibuster be? And what would the Senate look like if either party was successful in getting rid of it?

Martin B. Gold is a partner with Capitol Counsel, LLC. With over 50 years of legislative and private practice experience, he is a recognized authority and author on matters of congressional rules and parliamentary strategies, and U.S. policy in Asia. He frequently advises senators and their staff and serves on the adjunct faculty at George Washington University. Before business, professional, and academic audiences, he speaks about Congress as well as political and public policy developments. He has authored several publications including, The Legislative Filibuster: Essential to the United States Senate as well as Senate Procedure and Practice, a widely consulted primer on Senate floor procedure.

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