Quorum Call — Anyone there?

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Well, actually, there does seem to be a notable effect, of saying NO BUSINESS AS USUAL!, and meaning it.

  2. You “old school” filibuster fans must think this is great, right? (From a procedural standpoint, of course.)


  3. Ken Rhodes says:

    Seth … Michael … me, three.

    Of course, the underlying issue in Wisconsin is why do they have this silly “superquorum” rule instead of doing it the way the U.S. Senate does — requiring a “supermajority” for cloture, which allows the minority (of sufficient size) to shortstop specific legislation without bringing the whole government to a halt?

    I’m shocked at myself for even writing that, but I have to admit … the U.S. Senate has found a poor solution, but isn’t the worst one available.

  4. Anonymous Coward says:

    I’m not convinced the US Senate has the better solution here. The trouble with the cloture rule is that the consequence of using it for those in the minority is too small, so it gets used too often and for frivolous things.

    It even allows the minority to dictate terms to a certain extent, by blocking nonessential legislation which is perfectly unobjectionable to the minority but is of much greater importance politically to the majority, and demanding that their policies are put into effect before the unobjectionable bill is allowed to pass.

    Forcing the minority to risk the ire of the general public by bringing all business to a halt is a great feature to prevent overuse.