No Nukes is Good Nukes

I have a piece up on Reason's site arguing that, in their quest to get the president's judges confirmed, the Republicans may just nuke themselves in the foot. Excerpt:

But the second possible endgame to the filibuster battle should worry you, unless you think too little legislation is a major problem in American life. There's a chance that the G.O.P.'s nuclear gambit could eventually lead to the death of the filibuster as a whole.

That would be disastrous. The theory underlying the Constitution is that, in political life as opposed to economic, transaction costs are good. As James Madison explained in Federalist 62, the Senate itself was designed in part to curb"the facility and excess of lawmaking." The filibuster isn't part of the Constitution, but it helps augment some of the Constitution's checks on promiscuous legislating. Since many of the constitutional checks on legislative overreach have eroded over the years, the filibuster is even more important today.