Section 6: Ending the Filibuster

Neither House may have or establish any rule which prevents a majority from proceeding with a vote.

Because the filibuster is a supermajoritarian rule, it violates the principles of voting power equality.

Further, allowing it to survive would complicate the necessary argument for simple majority rule in the amendment power. No one is going to vote against this proposal on the basis of this section alone, so it should be included.

The President shall have the power, by and with the advice and consent of the House and Senate, to make treaties.

This changes the advice and consent process for treaties from two-thirds of the Senate to majority vote of the Senate and majority vote of the House for several reasons. Most importantly, the principles of political equality demand majority rule. Second, laws and treaties are similar documents according to the supremacy clause, which suggests they should have similar procedures. Finally, the president and Congress have entered into treaty-like “congressional-executive agreements” (such as NAFTA) anyway when two-thirds of the Senate was not possible. This change is essentially housecleaning.