ABSTRACT

Over the last decade the United States Congress has been characterized as a den of do-nothings and a body ripe with stalemates. The vast majority of ire has been focused upon the Senate. In that particular body, parliamentary tactics have derailed a record number of bills and executive appointments. As Senator Tom Harken laments, “What was once a procedure used rarely and judiciously has become an almost daily procedure used routinely and recklessly.”1 In this essay, I will argue that such obstructionism, as is witnessed in the Senate’s frequent use of the filibuster, is both legitimate and acceptable.