That's Ben Sasse, pictured. From 2015 to 2023, Sasse served as a United States Senator, representing the state of Nebraska. Sasse was diagnosed with stage four pancreatic cancer last December, but "rather than retreat into seclusion with his family, Sasse is choosing to die in a visible and vocal way. Sasse spends the few hours he has every day communicating his vision for America and his optimism about the future."
As part of his effort to get the word out on the things he cares most about, Sasse published an editorial statement in the July 20, 2026, edition of The Wall Street Journal. Online, Sasse's statement was titled, "America Needs The Filibuster." If you click that link, you should be able to read Sasse's argument in its entirety.
Below, I am providing you with an excerpt (emphasis added). I, personally, think that Sasse makes a pretty good argument in favor of the filibuster:
Articles I, II and III of the Constitution divide power among three federal branches: legislative, executive and judicial. Each branch checks the others, but the Founders put the most authority in legislative hands. As a result, we divide lawmaking power yet again, between two very different bodies. We put the House and Senate on different time horizons and give them different constituencies.
The upper house is built for the long view, with six-year terms that encourage a deliberative trustee model of representation. Senators owe their states both judgment and conscience. The House provides faster-loop warnings about public frustrations. Two-year terms and smaller districts combine to encourage a more urgent, passionate delegate model of representation.
Despite these differences, enacting a federal law requires navigating both complex institutions in the same 24-month window and also giving the president an opportunity to weigh in. It’s a long shot by design. We do this in part to give the public time to come aboard—or to object angrily. We also do it because civic life works better when one-size-fits-all nationwide laws come with buy-in from large cross-sections of this continental republic.
That’s American Constitutionalism 101. While the Senate’s filibuster rule isn’t in the text of the most glorious political document ever written, it plays a critical role in limiting and dividing power. Via procedural requirements to secure a supermajority of 60 votes before legislation can be passed, the filibuster safeguards the spirit of the Constitution’s anticonsolidation objective and prevents the misery of never-ending Flight 93 elections.
This argument, as I said, seems to make a pretty good case for the filibuster. "American Constitutionalism 101" does demand a "division of powers," and our Constitution does intend to encourage give and take, as national policy is developed, with compromise being, essentially, required, not just wished for.
There is, though, a problem with Sasse's endorsement of the filibuster - at least in the current state of our politics. The "Constitutionalism 101" model of our national policy-making system depends on the idea that decisions that impact the nation, are supposed to be made by the legislature. Currently, our politics is not working that way. The "reign" of the current president (I use the word advisedly) is premised on the idea that "I, alone, can fix it." Our current president is the only one who has ever had the effrontery to say this out loud. However, a politics that lets the Executive, not the Legislature, make most of the key decisions renders the Legislative Branch almost irrelevant - and this has been going on for a long time!
Want to go to war? Well, who decides that? It appears, from the most recent decisions on that topic, that it is the president, and the president alone, who decides on whether the nation is to go to war. What about other major policy decisions - like whether or not to withdraw humanitarian aid, killing hundreds of thousands of babies in Africa? Again, recent experience says it's the Executive who makes those decisions (or maybe one or another of the current president's billionaire/trillionaire friends and major political contributors). If the Congress had to decide these questions (as "Constitutionalism 101" would require), neither of those decisions would have gone forward.
The failure of the Legislative branch, subordinating itself to the Executive, has become even more destructive of good, democratic decision-making because of the extreme polarization of our politics. Instead of legislative decision-making being tied to compromises coming out of discussions and decisions of hundreds of different members of Congress, who come from different states, and who, thus, have different ideas, and different priorities, both the House and the Senate are now, almost always, either "Red" or "Blue," "Republican" or "Democrat," and the choices are binary. Since whoever is the president leads "the party," an argument that policy changes should be made operates on a four-year minimum turnaround time.
Sasse's argument is this:
The filibuster prevents the dramatic pendulum swings that are the natural result of simple-majority lawmaking. Every election and every vote becomes an existential crisis in a system that no longer plods through checks and balances....
Unfortunately, we already have the problem that Sasse claims that the filibuster is intended to solve, and the problem is related to the primacy given to the president, when the president is supposed to "execute" the policy decisions made by the Congress. Instead of worrying about the filibuster, right now, I suggest, that we solve our current problem.
I have not been hesitant in suggesting that electing our current president was a "mistake." If we want to get back to "Constitutionalism 101," we are going to have to make government "by the people" actually work. It's not working now; that's for sure. The only way it can work is if we, the people, take charge and assert political control over those Members of Congress who are supposed to "represent us" - and who can actually do so, too, if they'll just use their power as it's supposed to be used.
It's a delusion to think that it's enough just to make a binary choice and put a new "party" in charge, to to elect a new president. Great to do both, but the structural problem is that our Congress is no longer setting national policy - which means that "we, the people," aren't setting national policy, That, in the end, is a problem for which we have no one but ourselves to blame.
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