The correct way to stop problems caused by a perversion of Constitutional intent is not to lay on top of one absurd system another boundary-pushing interpretation of Constitutional power. The correct solution is to fix the root source of what is causing the problems to begin with. Unfortunately, though, that is not how President Obama is going to deal with Senate Republicans’ latest obstructionism to support existing law.
Obama has relied on a new and controversial interpretation of his Constitutional power to make four recess appointments even though the Senate is technically in pro forma sessions. Obama did this because the Senate Minority used the Senate rules to prevent these individual from getting a confirmation vote. The Senate Republicans prevented a vote not because they have a problem with the nominees’ qualifications but as a way to effectively stop the enforcement of laws they don’t have the power to repeal. From Obama’s speech Yesterday:
They refused to even give Richard [Cordray] and up or down vote. Now, this is not because Richard is not qualified. There’s no question that Richard is the right person for the job. He’s got the support of Democrats and Republicans around the country. A majority of attorneys general — Richard is a former attorney general — a majority of attorneys general from both parties across the country have called for Richard to be confirmed. Your local members of Congress who are here today — they support him. He has the support of a majority in the Senate. Everyone agrees Richard is more than qualified.
So what’s the problem, you might ask. The only reason Republicans in the Senate have blocked Richard is because they don’t agree with the law that set up a consumer watchdog in the first place. They want to weaken the law. They want to water it down. And by the way, a lot of folks in the financial industry have poured millions of dollars to try to water it down.
While it might make sense for the president to use this kind of extreme hardball tactic if it is literally the only way for him to execute his duty to effectively run the government and enforce the laws of this nation, I’m disappointed by this move because Obama and the Senate Democrats have a much better way and clearly constitutional way to deal with this.
Democrats have the majority in the Senate. Instead of the President setting new precedent to deal with GOP obstructionism, the Senate Democrats could have just changed Senate rules back to what they were originally. Back when the rules didn’t allow for filibusters as endless delay tactics to stop the majority from fulfilling their duty. That would make this particular absurd minority obstructionism tactic impossible and allow the Senate to do its duty of “advising and consenting” on executive nominees. No need for Obama to push the boundary of executive authority.
Senate Democrats didn’t change the senate rules nor did Obama call for them to. It is unfair for Obama to say Republicans blocked the vote, when in reality the problem is the Democratic majority chose to let the GOP block the vote on the nominees.
Sadly, this is part of a bigger pattern in a downward spiral of stupidity in our government. Instead of fixing the root causes of problems like the filibuster, we just badly patch things up with layer after layer of even stupider rules and precedents, like reconciliation and new forms of executive overreach.




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I have no problem with Obama’s recess appointments. The filibuster is an important tool and while it can be used in silly games like the Republicans play it can also be used to stop bad things from happening. The recess appointments didnt come soon enough. They should have come with public condemnation of the Senate Republicans.
A real solution to obstructionism. Guillotine.
Jon ,on changing the Senate rules,my understanding is that it can only be done during the start of a new congressional term & not at the start of a congressional session.
So Harry Reid should have change Senate rules during the start of the new term just after the Nov 2010 election(Jan 2011)….. you really think if they(Dems) wanted things to change, they,Harry Reid & the Prez would have forgo changing the Senate rules after Nov 2010.
It’s kabuki & they are playing Americans like a fiddle.Ask yourselves how come these creeps in congress can find agreement with policies Americans reject,Indefinite detention,war funding,more wars & bailout of Wall ST but when it comes to doing anything that will help Americans it’s the same song & dance ,”we don’t have the votes or the GOP is preventing some policy from coming to the Senate floor for a vote.”
The filibusters almost sole use throughout history was to oppress black people and stop anti-lynching laws from being passed. It is a historic shame, nothing for this country to be proud of.
Not true at all. Senate rules are only what a majority of senators say the rules are. You raise a point of order, get a ruling from the chair and the majority either supports or votes against the chair. It takes five minutes and was done only a few months ago to prevent late amendments.
http://fdlaction.firedoglake.com/2011/10/07/yep-change-the-senate-rules-really-is-that-easy/
The president is using this as a trial balloon.
If it passes muster he will have increased the power of the office of the presidency
Thank you for addressing and identifying the problem, Mr. Walker. Sen. Tom Udall (D-NM) submitted a resolution on the first day of the new term of Congress in Jan., 2011, that would have altered Senate Rules and would have ridded that esteemed body of the misuse of, and much abused, filibuster. Sadly it was defeated by both GOP and Democrats. There were several other plans submitted and they met the same fate as Udall’s. And, sure as night follows day, we spent most of 2011 decrying the fact that the Senate, the Universe’s Most Esteemed Deliberative Body, was dysfunctional and remains so today.
yes the support of the filibuster just means long term power keeps flowing to the President since Congress becomes impotent.
Just another golden opportunity wasted by the spineless, pointless Democrats. We all saw this coming. It’s probably by design.
Frankly, Jon, I am shocked…shocked , I tell you..to hear you use the word “stupidity” when describing our august governing body. Really, now. And then, to couple it with “downward spiral”? Horrors. But, come to think of it, a downward spiral comes when you flush the toilet.
Quick: herd them all into the nearest restroom. We could have a governmental Bowl event, “the Congress Bowl”, and just flush ‘em all and start over.
Thanks Jon.
Simply put the Senate sets up their own rules.
No where is there anything about filibuster and needing 60 votes. It didn’t use to be 60 votes.
The ENTIRE responsibility for this lies on the shoulders of Harry Reid.
At the beginning of the current session, there was a move to change the Senate’s rules. For whatever reason, Reid sat down with McConnell. McConnell told Reid that the Republicans wouldn’t play this game again. Despite their record, Reid went along with no change.
Now he’s stuck until the next session of Congress.
No one expects that this country should be run by a minority by pure obstructionism.
What I don’t understand is why Obama didn’t simply make ALL of his appointments. Especially the judicial ones. This nonsense has gone on long enough. The GOP is simply hoping that Obama loses and that all of his judicial appointments will go by the wayside so they can continue to stack the courts with conservatives.
Hear, hear!
I’d add that the filibuster provides cover for our current political disfunction. Voters can’t change policy by electing an opposition majority, because politicians–in the White House and both Houses of Congress–can always justify inaction by citing the threat of a filibuster by someone else. Since who one votes for makes no obvious difference, voters never need to take responsibility for their choices. Since a majority is no longer necessary, special interests can corrupt the process more easily, more inexpensively, and thus more often.
We all need to remember that the above is so only because our representatives made it so. By choosing the current Senate rules over the Constitution, senators are CHOOSING to subvert democracy. We can at least hold them responsible for that.
“Instead of the President setting new precedent to deal with GOP obstructionism, the Senate Democrats could have just changed Senate rules back to what they were originally.”
And just what were they originally and when was that? Practically everything I know about the filibuster I learned reading Robert Caro’s bio. of LBJ, “Master of the Senate”. That was about how Senate Rule 22, I believe, governed the filibuster in 1957 and how you couldn’t even bring a motion to change the filibuster rule or that could be filibustered too. I suppose some time between 1957 and 2009, when suddenly it became the rule that you couldn’t pass legislation without a filibuster proof majority of 60 (or 66 I forget), there was some new rule that allowed some individual Senator to invoke the filibuster without having to actually do a filibuster by reading the telephone book or something but just by putting a hold on some law or nominee. With these kinds of Catch-22 rules, Jon, I’m not sure I buy your statement.
Awesome. (aka “More of the usual from eCAHN!”)
I agree. What you are saying makes sense.
“the Senate Democrats could have just changed Senate rules back to what they were originally. Back when the rules didn’t allow for filibusters as endless delay tactics to stop the majority from fulfilling their duty.” I can’t believe I’m reading this. We’ve had three years now of Republicans abusing the filibuster to block every proposal by the Democrats and every nomination for any position that requires approval by the Senate. There was lengthy discussion of the history of this, how this was an unprecedented abuse by the Republicans since January 2009, and possible ways the filibuster might be changed to stop it. The Rules of the filibuster did not change in 2009, of 2010, or 2011. There never was a time when the filibuster could not be used this way — it simply was custom to NOT use the rules the way the Republicans have since 2009. The Republicans made a deal with Harry Reid in January 2011 that they would stop blocking nominees, and they have broken that pledge from day one. I don’t understand what people claim is unprecedented about these four lousy recess appointments. The Republicans have abused the rules to claim the legislature (including the Senate) is in “pro forma” session. That is clearly a lie. In his first three years Obama has made 28 recess appointments. Over his 8 years, Reagan made 240! Where is the seizing of unconstitutional power here?