Episode 14: Ending Catch-22

April 14, 2021

John Fabian Witt joins Akhil and Andy as we discuss all things Filibuster, including how the Senate can eliminate it on any day.

10 years after Professor Amar wrote, with Gary Hart, on how the Senate can put an end to the filibuster, it remains (mostly) in place.  Akhil and Andy take you through the long history of this notorious practice, from the pre-Constitutional theories and practices, through the many misdeeds of the post-Civil War and 20th century periods, to today where the filibuster looms large but also is threatened with extinction.  Professor John Fabian Witt joins the conversation with unique insights into the origins of the “modern” filibuster, how it was employed to thwart anti-lynching as well as major civil rights legislation. What is now rule 22 (“catch-22”) is not so entrenched, not so consistent with the Senate’s mission, as many have thought.  Thanks again to EverScholar (everscholar.org) for sponsoring “Amarica’s Constitution.”