The biggest Congressional news story yesterday was Senate Majority Leader Harry Reid invoking the rarely used procedure of appealing the ruling of the chair to the full Senate. When this is done, a simple majority of the Senate decides how the Senate rules should be interpreted. A majority of current senators are the people in our government with the binding authority to say what the Senate rules actually mean, so a simple majority of senators can basically change the Senate rules at any time.
The Huffington Post as the details of what happened in the Senate:
McConnell moved to suspend the rules and shift debate over to the American Jobs Act. Reid argued that doing so amounted to another filibuster, because it required 60 votes to move back to the original bill, and so therefore was out of order. Sen. Mark Begich (D-Alaska), who happened to be the presiding officer at the time, asked the Senate parliamentarian what he thought. The parliamentarian advised Begich that McConnell’s motion was in order.
Reid then appealed the ruling, following a script that advocates of ending the filibuster wrote long ago. What some senators call the “constitutional option,” and what others call the “nuclear option,” involves as a first step appealing a ruling that a filibuster is in order. The second step is to defeat a motion to table that appeal, which is exactly what happened next, with all but one Democrat sticking with Reid. (Sen. Ben Nelson (D-Neb.) voted against Reid; Sen. Barbara Boxer (D-Calif.) didn’t vote.)
With the chair overruled, McConnell’s motion was declared out of order, setting a narrow precedent that motions to suspend the rules are out of order during a post-cloture period.
While Reid used this tactic only to set a very narrow precedent to stop Senate Minority Leader Mitch McConnell from exploiting the Senate rules for yet another way to unnecessarily slow down the chamber, this same basic procedure can be used to change the interpretation of any Senate rule. There is no reason a majority of the Senate couldn’t use this same tactic to eliminate the filibuster altogether. That would allow a simple majority of senators to pass any bill they wanted, as the Constitution clearly intended the Senate to work.
What Reid did yesterday really wasn’t the so called “nuclear option” because it didn’t eliminate the filibuster, but he used the same simple Senate procedure that would be used in the “nuclear option” to change the interpretation of rules regarding debate.
The important take away from the events of yesterday is that changing any Senate rule is incredibly easy and only requires a simple majority. All it takes is a motion and a few votes. It can be done in an afternoon.
When in 2009 and 2010 Senate Democrats said they “couldn’t” pass the bills they campaigned on because of the filibuster that was a total and complete lie. As you can see, changing the Senate rules with 51 votes in the Senate really is that easy. If Senate Democrats were serious about passing the laws they promised, they could use this same basic procedure to prevent a filibuster from stopping them.




5 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL Action
It’s not news that the Democrats lied. What is news is that they proved that they lied, and I appreciate the story. It goes to show what I’ve been saying all along: Republicans aren’t the problem. It’s Democrats who are the problem. We can forget about Republicans. They will be driven from office in droves in even bigger numbers than they were in 2008 if Democrats ever decide to get honest, clean up their corruption, and start working for the American people rather than for the 1%.
Unfortunately, Democrats won’t do that until we get rid of those who promise change but never actually deliver it.
Thanks for sharing this info Jon. This procedure is something many of us suspected was available to the dems. Nice to see you lay it out.
I concur with EveningStarNM. This also proves what bald face liars the dems are.
As I’ve said before, the entire slate of dems needs to be wiped out, all of ‘em. From BO to Kucinich. I’m sick of the entire lot. I have no fear of repubs. At least we know exactly where they’re coming from!
Continuing to talk about U.S. politics without mentioning the rules of the U.S. political system is what most political blogs, mainstream media, and discussion lists seem to do. I consider this makes them pretty much a joke.
This is the only media organization I have noticed that actually deals with the political system, and political tricks within that system, in the context of issue politics. My self-appointed area of Internet activism is to provide useful information about the political power of U.S. citizens. When I learned something new about the Filibuster from FDL, I actually donated a small sum of actual money.
I did not repeat my embarrassing action because I reminded myself that I can promote my material quite cheaply using Twitter, Reddit, Slashdot, etc. FDL does not specialize in my subject and with Twitter I can reach people with a high school diploma. When these people read my material they often thank me for providing useful information. I get little response from FDL article commentators. Perhaps they are already familiar with my material?
I still check back regularly. I would love to learn of any group of Democratic candidates for the U.S. Senate, as well as the U.S. House, that were planning to sign onto an Internet platform of some kind. I hope they are not planning to run on their record!
Perhaps we could remind them of the usefulness that such platforms have demonstrated in the past.
We can now distribute political platforms directly and cheaply to their target audience using modern communication methods such as the Internet to bypass the advertiser funded corporate media.
ref Do Platforms work?
http://i-voter.tripod.com/Platforms.html
I pointed out this possibility a number of times during 2009 and 2010. Not only did failure to use the nuclear option result in the heinous health care reform insurance company bailout bill; but it also resulted in the inadequate stimulus bill of 2009 which could have been twice as large and ended employment problems but for the need to negotiate with a few Republicans and a few blue dogs. Here’s an example: http://my.firedoglake.com/letsgetitdone/2009/10/16/make-democrats-take-responsibility-for-the-60-vote-frame/
It may be easy, but I doubt it will happen.