Don’t get me wrong, I think the filibuster is awful. It makes a mockery of the principles of democracy. It destroys democratic accountability. It enable politicians to make false promises they will never need to make good on. It has crippled our government. It even inherently violates the clear intent of the Constitution. That is why I think the filibuster needs to be eliminated, not reformed.
If you think our current Senate works great, you are free to argue for maintaining the status quo. But if you believe the filibuster is bad and has broken the Senate, then you should be for eliminating the filibuster, not making it simply 15 to 20 percent less terrible through reform.
There is simply no logical reason or justification for there to be a filibuster. The Constitution clearly intends for most bills in the Senate to require only majority support, with just a few important issues expressly requiring a super majority. The House of Representative functions without a filibuster, the Senate functioned without a filibuster for the first few decades, and so does basically every other legislative chamber in the United States and around the world.
Trying merely to “reform” the filibuster to make it work like it did in the “good old days” is both foolish and blind to history. For most of its history the filibuster basically existed as part of an unspoken deal that it only be used to suppress African-Americans. The filibuster was used primarily to kill things like anti-lynching laws and civil rights legislation. There is no good argument that the rarely used filibuster was actually good for the country or that it would make our country better in the future.
If you believe a filibuster that gives a minority the power to veto the majority is bad for our government, the logical solution is to simply eliminate it. Restoring the original majority rules in the Senate, making it like almost every other democratic legislative chamber in the world in that regard, is the clearly proven and widely tested solution.
People claiming the filibuster is bad but should still be partly preserved through reform, should be the ones facing extreme skepticism. They should be required to overcome a heavy burden of proof to explain why an untested Rube Goldberg “reform” is better than simply adopting proven standard rules. “Because it is tradition” should never be used as an acceptable defense for maintaining something that is bad.
When problems arise, our goal should be fix them, not make them slightly less horrible.




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Agreed. The filibuster is a fundamentally conservative instrument. Change in the long term is always progressive, because many progressive ideas are popular and they tend to stick.
Whether there is a filibuster or not has no long-term bearing on whether, for example, abortion rights will be protected. This issue is up to the growing Hispanic vote, and how deeply it adheres to traditional Catholic tenets.
The Constitution clearly intends for most bills in the Senate to require only majority support, with just a few important issues expressly requiring a super majority.
Indeed . . . isn’t this WHY the vice president is empowered to cast the deciding vote in case of a tie? Personally I don’t know why a motion to proceed is subject to filibuster. And if the opposition chooses to filibuster–insist that they do it the old-fashioned way, complete with phone books, bibles, cots and MEDIA COVERAGE that would truly educate the public.
Well Jon, the problem here is that in America we’re conditioned at every single stage of our political processes and by every single political institution to accept “slightly less horrible” as the only possible outcome.
The filibuster will never be abolished short of the Republicans getting a Senate majority and ramming it through in order to ram other stuff through because the filibuster is a card an individual Senator can play for personal profit. There is no chance that Reid could ever get a majority of Democratic senators to go along with it. That’s why he didn’t do it in January, 2011, when it was clear that the Republicans were going to use it to thwart any initiative intended to help the economy.
That’s a big 10-4 good buddy.
Or, when pigs fly. Whichever comes first.
The same can be said for any majority tipping point. Instead of being the 67th Senator you can just be the 51st instead.
Jon,
Sorry, but this OT issue needs to be more in focus. Readers please take a moment to go here:
http://my.firedoglake.com/mzchief/2012/07/22/day-53-approaches-in-portland-or-gentle-peeps-rev-your-engines-u-know-what-2-do/#comment-266210
Maybe Joe Biden could get DOJ to tackle the Senate filibuster (for regular business) for usurping his Vice Presidential “job” as President of the Senate???
Filibusters are okay IF the person filibustering is forced to hold the floor ie Mr. Smith goes to washington.
Once the person filibustering gives up the floor the filibuster is broken period.
Why? What possible good can come from governing by who can read the phonebook the longest?
I’m pretty sure the bid to rid us of the filibuster will be utilized to decimate Social Security with a simple majority.
Folks better be careful what they wish for.
There’s no such thing as reform in our system. The politicians and the their wealthy masters have already rigged everything to their benefit. There can only be the pretense of reform with massive loopholes and double speak legislation to maintain the status quo. Witness ACA, campaign finance, financial sector regulation, gun control.
Jon, my quibble:
If we had a system that protected minority rights by giving them representation, if the House of Representatives were elected by a nation-wide ballot with parties fielding lists of candidates and them being seated by proportional representation, instead of the current winner-take-all system of gerrymandered districting, then I might agree wholeheartedly with you.
Unless we move away from winner-take-all representation (which I think at least the House should be that way) where minorities can win seats and cast votes, our system is plagued by the evils of majoritarianism. So rather than abolish the filibuster, amened it so that you need 41 “no”-voting senators present at all time to prevent a vote while only 1 “yes” senator needs to be there. If any of the 41 steps out, even to use the bathroom the “yes” senator can break the filibuster.
You must remember that most of these senators are OLD MEN who need to go to the bathroom frequently. They ain’t going to abuse a system like this unless they consider it absolutely critical. The problem now is that the Dems don’t really push. Heck, I think that if Reid/Pelosi had decided to keep Congress in session over Christmas and through weekends you’d have seen a lot of folding on the part of Repugs when the Dems had majorities.
-stewartm
But then it would also only require 50% to undecimate Social Security in the Senate after the blowback.
The filibuster hasn’t been all bad. Populist Huey Long filibustered against the pro-business NRA for 15 hours, inspiring the “Mr. Smith Goes To Washington” story.
Later Long led a 3 week filibuster against the original version of Glass-Steagall, which was pro big bank at the expense of state banks. Long’s opposition eventually resulted in Glass-Steagall being amended to provide FDIC insurance to all banks, not just big banks.
Populist Wayne Morse filibustered for 22 hours against the Tidelines Oil Bill.
But Jon is right, the filibuster has mostly served us poorly.
I think you are being naive. Once it’s undone it stays undone(and they’ll privately slap each other on the back about how they got out of paying back the trillions they stole under the guise of paying down the awful terrible horrible no good deficit that was created when they voted to continue tax cuts and fund the DOD to the point that it can blow up the world 70 times over). Most of what Congress does is kabuki. Getting rid of the filibuster is about limiting blow back. If they can’t get 60 morons to vote for political suicide then they’ll surely be able to find on or two bipartisany sacrificial lambs willing to bleat out a yeah vote on decimating a popular and effective insurance program.
Th problem isn’t the filibuster. The problem is Congress itself and it’s leadership.
Harry Reid and Pelosi believe in pre emptive caving and hand wringing. It’s about the ONLY things I think they believe in.