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Filibuster This PlanPosted on Jan 5, 2011By Ruth Marcus The junior Democratic senators are fed up, understandably so, with the institution’s glacial pace. Liberal activists are demanding filibuster reform—now. They should be careful what they wish for. The reforms under discussion make complete sense. But they also wouldn’t do much to address the fundamental complaint about the filibuster: that it effectively imposes a supermajority requirement for any Senate action. And as a pure matter of partisan politics, these changes could end up causing more problems for Democrats than they would solve, now and in the future. The three-part proposal by New Mexico Sen. Tom Udall and a number of his colleagues would prohibit use of the filibuster on the initial motion to begin debate on a measure. Instead, opponents would be able to filibuster only the final package. Delays would be shorter but the ultimate 60-vote hurdle would remain. The plan would also eliminate secret holds on nominations—an overdue move but not one that will end the logjam of blocked nominations. And it would require proponents of the filibuster to actually remain on the floor during debate. So far so good—except that the precedent of fiddling with the rules at the start of each new Congress introduces the opportunity for more mischief the next time around. Senate rules require a two-thirds vote—67 senators—to change the rules. Advertisement Imagine the start of the 113th Congress in January 2013. House Speaker John Boehner’s first act, once again, is to repeal what he calls “Obamacare.” Senate Majority Leader Mitch McConnell, invoking the Udall precedent, moves to change the rules to eliminate the filibuster, and his caucus—over howls from the Democratic minority—agrees. The Republican Senate then votes to repeal the health care bill, which is promptly signed ... by a President Palin. You might think this is far-fetched: Would Republicans, knowing that majority status is fleeting, really go so far as to abolish the filibuster? Maybe not, but Democrats’ memories can’t be so short that they have forgotten the “nuclear option” debate over judicial filibusters in 2005. Then it was Republicans who argued that the filibuster rules were being abused, and Democrats who clung to the device as a necessary protection against Republican overreaching. What kind of Supreme Court justice is a President Palin going to nominate without the chastening discipline of a filibuster hanging over her? I’d rather not find out. The danger for Democrats in fiddling with the filibuster is also more immediate. The filibuster could end up being a useful Democratic tool to block legislation that passes the Republican-controlled House and could, with a few Democratic defections, garner a bare majority in the Senate. The current proposals don’t go so far as to allow that. But one little-noticed aspect of the Udall plan is that, as part of eliminating the filibuster on the motion to begin debate, it would guarantee Republicans more opportunity to offer amendments. Sounds fair—except that in practice more amendments translate into more chances to force endangered Democratic senators to take unpleasant votes. In short: more fodder for 30-second campaign ads. Frustration with the current state of play is real. Every returning Democratic senator signed a letter last month to Majority Leader Harry Reid urging him “to take steps to bring these abuses of our rules to an end.” But my reporting indicates that the Udall forces lack a majority in favor of changing the rules by majority vote—which lessens the pressure on McConnell and Senate Republicans to reach a negotiated accommodation, the best possible solution. So here are two possible results, neither particularly attractive for Democrats: The Udall forces, over the coming month, manage to assemble a majority in favor of the plan, which would create the risks described above without improving the Senate all that much. Or they fail, leaving a stirred-up, dissatisfied base and a still-dysfunctional Senate. I agree: The filibuster rules need changing. But this is sounding more and more like a Democratic plan that only a Republican could love. Ruth Marcus’ e-mail address is marcusr(at symbol)washpost.com. © 2010, Washington Post Writers Group New and Improved CommentsWe are launching a major overhaul of our comments section. In addition to more robust spam filtering and moderation, new features include the ability to rate other comments, sort how they are displayed and respond directly via e-mail or in a thread. Unfortunately, commenters will lose their existing Truthdig identities. 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By M L, January 7, 2011 at 1:05 pm Link to this comment
(Unregistered commenter)
I agree with berniem - Our political system is corrupt and we the people must demand a constitutional convention to fix the system and resolve the problems. We can write amendments to the constitution for term limits, increased electoral competition and campaign finance reform. Presidents and politicians,bought and paid for by corporations and foreign interest, are not interested in fixing the system. The people have four tools to assert authority over the government - speech, assembly, petition and elections. However, the fifth power of a constitutional convention has never been used. It’s our only “hope”
Report thisBy the worm, January 6, 2011 at 2:30 pm Link to this comment
Who are these ‘liberals’? Are they the same ‘liberals’ who spent the last two
years:
1. Shifting private debt to the public sector (thereby freeing corporations, esp
the financial industry, but also financial arms of GM, GE, etc, and saddling the
middle class with the obligation to ‘pay it off’).
2. Watching private sector profits reach un-precedented levels (while
investment goes abroad, hiring moves abroad, and manufacturing continues to
disappear and un-employment continues).
3. Raising the defense budget 6% (so, when “cuts” come, the defense industries
will be safely sandbagged).
4. Allowing the financial industry to ‘borrow’ from the ‘public sector’ (i.e. me
and you) at 1% and buy bonds that pay 3% interest (Banks take your $1 and
make $2 off each one they ‘borrowed’ from you. But, here’s the real deal: You
gave them the $1 they ‘borrowed’, and you pay them the $2 interest they
‘earned’ on the bonds. All the money they ‘invest’ came from you – a ‘loan’ –
and all the money they make comes from you – you have to cover the interest
on the bonds).
5. Allowing the financial industry to ‘borrow’ from the ‘public sector’ (i.e. me
and you again) at 1%, to loan to me and you at 4%, 12%, 18% or more
mortgages, credit cards and other lines of credit (pocketing 3%, 11% and 17% on
your and my money – first given to them by us, then ‘paid back with interest’ by
us).
6. Giving private sector insurers a windfall: mandated customers, with a
taxpayer-paid overhead rate of 20% for ‘mandated customers’ (20% of our
premium spent on administration, CEO salaries, bonuses, sitting on Boards to
set rates and decide who’s covered, lobbying for the insurers’ benefit,
advertising and propagandizing to redefine more and more as ‘health care
service’ while delivering fewer and fewer services—- essentially, giving our tax
money to insurers to do with it what they will). *The American people wanted a
government administered plan like Medicare - for everyone. (72% - CBS/New
York Times poll June 2009)
7. Expanding the war in Afghanistan. (64% of the American people opposed
expanding the war in Afghanistan and wanted to disentangle from Bush-era
‘War on Terror’ and ‘preventive war’ policies. Still, over 60% of Americans
oppose the war.?
8. Keeping the six too-big-to-fail banks – now bigger than ever; kept deposits
at risk by maintaining huge grey areas between commercial and investment
banking; didn’t ‘punish’ the financial industry - now even more profitable, with
bonuses among the biggest ever.
9. Supporting ‘The Compromise’ – giving billionaires $10 for each $1 to an un-
or under-employed person or family.
Report thisWe dont need these kind of ‘liberals’ or their kind of ‘reform’.
By Tesla, January 5, 2011 at 11:08 pm Link to this comment
It is a slam dunk that when the republicans get a
majority in the Senate, the filibuster will be killed
outright. There absolutely is no way they will risk
pay-back for their abhorrent and immoral behavior over
the past two years.
Fact is they are disciplined and ruthless. Counting on
Report thisANY republican to act honorably and in the best
interest of the country is a fools errand.
By berniem, January 5, 2011 at 6:21 pm Link to this comment
Frankly, a constitutional covention should be convened to propose elimination of the senate all together. It has outlived it’s usefulness and is progressively more and more an instrument of obstruction driven by 100 aristocratic wannabes who seem to think that their sole purpose in government is to posture and vie for attention from a mostly brain dead electorate! Look back in our history and see exactly why this albatross around the neck of our body politic was created to begin with!
Report thisBy Inherit The Wind, January 5, 2011 at 1:54 pm Link to this comment
Ruth forgets: The Dims CAVED UNDER to the nuclear threat, and we ended up with Alito and Roberts on the USSC, and myriad right-wing ideologues on the lower courts.
I’m all in favor of the old-fashioned filibuster—you have to keep the floor and keep talking. This idea that you can have a filibuster without having debate is insane. Legislation should be voted up or down, but, before that, discussed as long as need be…DISCUSSED, not simply blocked.
Report thisBy Devon J. Noll, MPA, January 5, 2011 at 10:56 am Link to this comment
(Unregistered commenter)
As always, if the Democrats can find a way to make something unnecessarily complicated, they do. The filibuster is an effective tool for either side in controlling the actions of special interests or political ideologies. However, it should be limited. You do this by not only limiting it when it can be used, but by making its use as onerous as possible on those who invoke it. So here is a suggestion:
1. Limit the ability to filibuster or use anonymous holds to only the final bill in question, not all the amendments or nominations pending.
2. The Senator who chooses to filibuster must remain on the floor, speaking until such time as they relinquish the floor to another speaker (except for a procedural question), at which time the filibuster is over - it cannot be passed from one Senator to another like tag teaming.
3. A bill may be subject to only one such action, and when it is over, the vote is called on the final bill.
Now this has the desired effect of getting the bill through, no hostage taking, and the Senator involved must stay on his/her feet for however long that person chooses to talk. Considering the age and physical fitness of the Senate, it would be a herculean feat to accomplish beyond about 4 hours (and that may be pushing it.) It might however lead to more readings of our Declaration of Independence and Constitution than that chamber has seen in many a decade.
Report thisBy Maani, January 5, 2011 at 10:41 am Link to this comment
Foolishly, her entire premise rests on two very debatable things: that the GOP will pick up Senate seats in the next election (as opposed to losing them or remaining status quo), and that Palin will be nominated, much less win.
The first assumption is speculative at best. Alot can happen before the next elections, not least that the GOP/TP could end up with a whole lot of egg on their faces, looking foolish and intransigent, and turning people against them. This is AS likely as any other scenario right now, particularly given their already stated agenda, and some of the laughably stupid things they are doing (e.g., being “sworn in” to the House, reading the Constitution aloud, and having had a fundraiser even before taking office).
The second assumption is more than speculative; it is ridiculous. True, I just said alot can happen before the next elections. However, the chance that Palin will even be NOMINATED, much less win, is remote in the extreme, despite what some of the media echo chamber continues to regurgitate.
As for aacme88’s suggestion that the Dems wait to attempt the Senate rule changes, that is at best disingenuous, and at worst dishonest - to say nothing of irrelevant. The changes are long overdue (including the one they WON’T make, changing to majority vote). I say make as many changes as possible, and let the chips fall where they may. The changes will benefit each party in turn, thus providing what amounts to a level playing field.
As an aside, Katrina Vanden Heuvel was on Parker Spitzer the other night, and had an excellent suggestion that the number of votes required for passage or filibuster be made on a sort of “sliding scale,” depending on various factors. This seems, to me, the fairest way of doing things.
Peace.
Report thisBy aacme88, January 5, 2011 at 8:11 am Link to this comment
Frankly, I think the Dems should wait 18 months and see which way the wind blows before changing anything. They may be the minority after, or with party switches even before, 2012. They may want to return all the favors of this past Congress. Meanwhile, if the Senate can’t pass anything passed in the Rep House, that might be a good thing.
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