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read the book Constitutional Law for a Changing America Institutional Powers and Constraints 10th


Choose one of the following:

1. Article I, Section 5 of the Constitution states, "Each House may determine the Rules of its Proceedings." In recent decades, one of these rules, the Senate's policy of unlimited debate, has made legislating much more difficult. More specifically, modern use of the filibuster means that on any legislation of significance, passage effectively requires the 3/5 majority needed to approve a motion of cloture that would allow the bill to come up for a final vote. Should the Constitution be amended to require that all congressional decisions be made by majority rule except where the Constitution explicitly indicates otherwise?

2. The Supreme Court has tried to impose some limits on congressional power to investigate, yet over the past century Congress has investigated a broad range of activity, including some that seems to have little connection to proposed legislation. Is the most effective check on Congress a legal one, imposed by federal courts, or a political one, imposed by voters and other political actors?

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