by Earl Taylor | Nov 11, 2025 | Opinion
By Earl Taylor, Jr. |
In today’s U.S. Senate, the filibuster has become both a symbol of obstruction and a tool of partisan power. To filibuster is to talk—or threaten to talk—long enough to stall or block legislation. The Constitution itself says nothing about this practice. It merely grants each chamber the power to determine its own rules. Over time, the Senate chose to allow unlimited debate, which can only be ended by invoking cloture—a supermajority vote of 60 senators.
The practical effect is that a minority of just 41 senators can stop the majority from acting. This turns the Founders’ concept of majority rule upside down.
Thomas Jefferson made the principle clear:
“The first principle of republicanism is that the lex majoris partis—the law of the greater part—is the fundamental law of every society of individuals of equal right; to consider the will of the society announced by the majority of a single vote as sacred as if unanimous is the first of all lessons of importance, yet the last which is thoroughly learned.”
Alexander Hamilton, in The Federalist Papers, warned of the same danger:
“To give a minority a negative upon the majority…is, in its tendency, to subject the sense of the greater number to that of the lesser number.… The necessity of unanimity in public bodies, or something approaching towards it…has been founded upon a supposition that it would contribute to security. But its real operation is to embarrass the administration, to destroy the energy of the government, and to substitute the pleasure, caprice, or artifices of an insignificant, turbulent, or corrupt junto to the regular deliberations and decisions of a respectable majority.”
Those who defend the filibuster argue that removing it would allow whichever party holds power to impose its will unchecked. That concern is not unfounded—but it points to a deeper problem, one the Founders themselves addressed. If Americans no longer elect leaders bound by conscience and virtue, no rule or procedure can save the republic.
Benjamin Franklin warned that:
“Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.”
And John Adams echoed:
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
The lesson is timeless: the strength of our institutions depends not on clever procedural devices but on the character of those who serve within them. The filibuster may have evolved into a Senate tradition, but it stands at odds with the Founders’ first principle of republican government—majority rule among a moral and self-governing people.
If we wish to preserve that republic, we should restore the rule of the majority—and the virtue on which it was meant to rest.
Earl Taylor, Jr. is the President of The National Center for Constitutional Studies.
by Earl Taylor | Oct 3, 2024 | Opinion
By Earl Taylor, Jr. |
There are many reasons why America’s Founders wanted a republican form of government rather than a democracy. Theoretically, a democracy requires the full participation of the masses of the people in the legislative or decision-making processes of government. This has never worked because the people, as good as they might be, become so occupied with their daily tasks that they will not properly study the issues, nor will they take the time to participate in extensive hearings before the vote is taken. The Greeks tried to use democratic mass participation in the government of their city-states, and each time it ended in tyranny.
James Madison, the father of the Constitution, summarized the Founders’ thinking by writing:
“Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths….” (Federalist Papers, No. 10)
“…and to the Republic, for which It stands…”
Madison continues:
“We may define a republic to be … a government which derives all its powers directly or indirectly from the great body of the people and is administered by persons holding their offices during pleasure for a limited period, or during good behavior. (Federalist Papers, No. 39)
The Founders knew that if the people were continually presented with the many issues and problems of government, they would soon tire of it and become disinterested in studying the issues in order to make intelligent decisions. They would tend to yield to the enticing emotions presented to them by those who have the power to control the masses. They chose, rather, to place such decisions in the hands of wise representatives or agents who would be specifically chosen to take the time to hold committee hearings, analyze data, and consider consequences of proposed laws. The main decision for the people would be who will represent us, and it would happen on a regular periodic basis, say every two or four years.
Even in making the choice of President of the United States, the Founders rejected a vote of the people. They knew, once again, as good as the people may be, they will not take the time to study the issues or the candidates in order to make such an important decision. Hence was born the original, brilliant, electoral college system, which, while we still have it somewhat, has since been terribly abused and distorted.
The People Are to Choose Qualified Representatives, Not Decide Issues
Since issues are always changing, the Founders advised to not continually excite the people about issues, but instead choose honest, experienced representatives to tackle issues as they come. In early New England, it was customary to have a respected clergyman give what was called an “Election Sermon” prior to an election. Samuel Langdon gave that before the Massachusetts legislature in 1788. He declared:
“On the people, therefore, of these United States, it depends whether wise men, or fools, good or bad men, shall govern…. Therefore, I will now lift up my voice and cry aloud to the people…. From year to year be careful in the choice of your representatives and the higher powers [offices] of government. Fix your eyes upon men of good understanding and known honesty; men of knowledge, improved by experience; men who fear God and hate covetousness; who love truth and righteousness, and sincerely wish for the public welfare…. Let not men openly irreligious and immoral become your legislators….”
A Frustrating Ballot
One only has to look at the current Arizona ballot to appreciate the wisdom of the Founders. It is two long pages of not only candidates, but also many propositions and laws to be voted on directly by the people. Every registered voter also receives, by mail, several multi-page pamphlets explaining the legal details of the proposed laws and the submitted arguments both for and against. Who will read all this stuff? Emotion and ignorance will reign again at the ballot box!
Citizens of Arizona may be interested to know that our Initiative measure in our Arizona Constitution which allows all these laws to be voted on by the people is a technical violation of the U. S. Constitution, which requires a republican form of government, not a democracy, in every state. (U. S. Constitution, Article IV, Section 4)
Perhaps, Benjamin Franklin saw what was happening in our day when he reportedly described what they had given us by saying, “A Republic, if you can keep it!”
Ah, the wisdom of the Founders!
Earl Taylor, Jr. is the President of The National Center for Constitutional Studies.
