Vital Need for the 28^th Constitutional Amendment 

---I propose, as I’m sure others have, that we rush to pursue a 28^th Constitutional Amendment that will defend a nine-judge Supreme Court and maintain a permanent filibuster parliamentary system in the Senate.  It should also reverse the “nuclear option” and require a 3/5 majority in the confirmation of Supreme Court Justices and other matters as well.

 Foolish politicians will always be foolish, and political expediency trumps national interest at any time.  Mark Twain classically said that “no man’s life, liberty or property are safe while the congress is in session.”  To this, we can add Henry David Thoreau's thought, “The best government is that which governs least.”  There are no philosopher-kings to be found or that last forever. 

The secret to American government success is simply compromised, which precludes excesses.  The Supreme Court is and has been the conscience of the country; respect for it is vital.  By allowing for only 51% of the votes in the Senate for confirmation of justices, as former Democrat Senate Majority Leader created by fiat in 2013, justices can be inherently partisan, and their credibility lessened.  The 3/5 majority rule requires a significant number of votes from the other side of the aisle and leads to moderation in the philosophy of confirmable justices.  This safeguard should also apply to the preservation of the filibuster in the Senate by again requiring a 3/5 majority to invoke “cloture” and end debate.

 These rules of a supermajority in the Senate have assured its role as a restraint over the more emotion-based House of Representatives.  The idea that any party with simple majority control can pack the court with justices from one side of the philosophical divide is inherently destructive.  Majority control changes from party to party; we cannot afford a series of court packing as with every election.  There will be other opportunities for both sides to replace judges among the complement of nine.

 The Supreme Court is the guardian of the Constitution, not a competing, non-elected legislature.  Simple majorities in the House and Senate cannot become tyrannical; the minority must participate and share some power.  The system needs to be codified in the Constitution; it will serve us well.

 

 

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