Konstytucyjność stosowania taktyki filibuster i „opcji nuklearnej” w Senacie USA
The constitutionality of the use filibuster tactics and the "nuclear option" in the U.S. Senate

Summary/Abstract: The term “nuclear option” should be defined as rejection of the obstructive tactics of delaying debate (filibuster) in the U. S. Senate and activities which lead to decisions on any matter by the simple majority voting. Most recently, discussion between the supporters of the nuclear option and the supporters of filibustering was held in 2005 on the occasion of democratic minority filibuster of G.W. Bush judicial nominees to the Supreme Court supported by republican majority. The author briefly presents the history of filibuster and nuclear option, strictly linked together. Next, he describes the present regulations concerning the adoption of cloture motion which limits the use of filibuster and the consequences of the adoption of the motion. In the main part of the article, the author analyses the constitutionality of the filibuster and nuclear option in the U. S. Senate concluding that constitutionality of the filibuster is questionable. Finally, the author considers how the Senate should act in case of unconstitutionality of filibuster and how to preserve some its positive aspects in the procedure of judicial nominations of the Supreme Court judges.

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