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Departments National Issues Remove the filibuster from the Senate rules When the Democrats were in the minority and out of the White House, they told us they wanted to work for us but needed to be in the majority. So, in 2006, we put them there. Then they told us that they really wished they could work for us but they needed bigger majorities and the White House. So, in 2008/2009, we gave them those things, and deprived them of two key excuses for inaction. We took away the veto excuse and the filibuster excuse. This is not to say that either excuse was ever sensible. The two most important things the 110th Congress refused to do (ceasing to fund illegal wars, and impeaching war criminals) did not require passing legislation, so filibusters and vetoes were not relevant -- in fact, the Senate and the president were not relevant. But the Democrats in Congress, and the Republicans, and the media, and the White House all pretended that wars could only be ended by legislation, so the excuses for not passing legislation loomed large. The veto excuse disappeared on January 20th. The filibuster excuse could have been gone by January 6th if Senator Harry Reid had wanted it gone. But it's gone now. The filibuster excuse works like this. Any 41 senators can vote No on "cloture", that is on bringing a bill to a vote, and that bill will never come to a vote, and anything the House of Representatives has done won't matter. Any of the other 59 senators, the 435 House members, the president, the vice president, television pundits, and newspaper reporters can blame the threat of filibuster for anything they fail to do. Now, the Senate itself is and always has been and was intended to be an anti-democratic institution. It serves no purpose that is not or could not be more democratically accomplished by the House alone. The Senate should simply be eliminated by Constitutional Amendment. But the filibuster is the most anti-democratic tool of the Senate, and can be eliminated without touching the Constitution, which does not mention it. If you take 41 senators from the 21 smallest states, you can block any legislation with a group of multi-millionaires elected by 11.2 percent of the American public. That fact is a national disgrace that should be remedied as quickly as possible. The filibuster was created by accident when the Senate eliminated a seemingly redundant practice of voting on whether to vote. Senators then discovered, after a half-century of surviving just fine without the filibuster, that they could block votes by talking forever. In 1917 the Senate created a rule allowing a vote by two-thirds of those voting, to end a filibuster. In 1949 they changed the rule to require two-thirds of the entire Senate membership. In 1959 they changed it back. And in 1975 they changed the rule to allow three-fifths of the Senators sworn into office to end a filibuster and force a vote. Filibustering no longer requires giving long speeches. It only requires threatening to do so. The use of such threats has exploded over the past 10 years, dominating the decision-making process of our government and effectively eliminating the possibility of truly populist or progressive legislation emerging from Congress. This has happened at the same time that the forces of money, media, and party have led the Democrats in both houses to view the filibuster excuse as highly desirable, rather than as an impediment. Now the Democrats have 60 senators (58 Democrats plus 2 independents caucusing with them -- one leading the way, the other bringing up the rear). Perhaps this moment when a filibuster could be overcome by partisan power would be an opportune time to permanently overcome it for whatever forces dominate the Senate in the future by changing the rules to get rid of the thing. The Democrats have lost the excuse now. Every policy they enact that strays from majority opinion in the country has to be blamed on something other than the filibuster. So, with nothing to lose, why not rid us all of this cancer on our democracy? Were the Democrats serious about eliminating the filibuster excuse, they would have taken steps over the past six months to do so. The President could have appointed Republican senators from states with Democratic governors to key jobs without cutting deals to ensure replacement by Republicans. Congress could have given Washington, D.C., representation in both houses of Congress or at least tried harder to do so. Or the Senate could have done what it could still do and should seize the current moment to make happen. It should simply change Senate Rule 22, which reads in part: This would seem to suggest that it takes 60 senators to block a filibuster and 66 senators (if 100 are present, otherwise fewer) to end the power of 60 senators to block filibusters. But that's not the whole story. William Greider recently explained: Greider proposes reducing to 55 percent of the Senate the number of senators needed for cloture. I propose reducing it to 50 percent plus one. Either way, nobody is proposing that a minority be empowered to decide anything, only that a majority finally be permitted to (even to the extent allowed by an anti-democratic body like the U.S. Senate in which both Wyoming and California have the same number of senators). As long as the filibuster remains on the books, the Democrats will claim that they cannot control all 60 of their senators. Never mind that we were told for years to shut up about peace and justice and work and contribute to the election of 60 Democrats after which joy and harmony would flow out of the Capitol. We will now be told that renegades cannot be controlled. And I don't want to fight that, because I don't want parties to be able to control their members. I don't want their members straying in order to support minority interests, like pulic funding of private health insurance companies. But I do want members straying in order to support majority interests, like defunding wars. Party dominance is as corrupting a force in our legislature as the filibuster itself, and therefore offers not only a weak solution for it but an undesirable one. Senator Bernie Sanders has asked the other 59 senators to commit to stopping any filibusters. And so he should. But he should also ask Senator Reid to put to a vote for decision by 51 senators (or 50 and the Vice President) a simple rule change to empower majority rule in a body that cannot without taking this step make any plausible case for the desirability of its continued existence. This article has been updated from a version I published in December. --- David Swanson is the author of the upcoming book "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union" by Seven Stories Press. You can pre-order it and find out when tour will be in your town: http://davidswanson.org/book. Arrange to review it on your blog and Seven Stories will get you a free copy. Contact crystal at sevenstories dot com. |
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