Is that Constitutional? I know it no longer matters but just for curiosity purposes.
This comment appears in Red State’s comment section:
One congress cannot bind another. This really doesn’t matter. The problem will be just repealing the thing period, even under the simple, traditional filibuster.
Brad Smith
Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law
Capital University Law School
Capital University website
Center for Competitive Politics website
Not sure if he’s right, however.