Sen. Rick Santorum (R-PA) argues that the judicial filibuster is based on “audacious and constitutionally groundless claims for minority rule.”
Sen. Chuck Hagel (R-NE) disagrees. Here’s how he described using the “nuclear option” to end the judicial filibuster on CNN’s Late Edition yesterday:
I do not like this approach. It’s a dangerous approach. It’s an irresponsible approach. And it further erodes the constitutional minority rights element of the Senate.
Hagel is in good company. In 1787, James Madison wrote in Federalist 10:
[M]easures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.
The idea of minority rights wasn’t dreamed up by liberals when President Bush took office. It’s been a foundation of our democracy for over 200 years.