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An Answer To Ezra Klein On The Filibuster

The left is pushing very hard for so called “Filibuster Reform.” Ezra Klein of the Washington Post poses the question today “Is this the end for the filibuster?

The problem with a president promising to “change Washington” is that the presidency isn’t the part of Washington that’s broken. The systemic gridlock, dysfunction and polarization that so frustrates the country isn’t located in the executive branch. It’s centered in Congress. And one of its key enablers is Senate Rule XXII — better known as the filibuster.

It was not too long ago that liberals embraced the filibuster and were outraged that Republicans were intent on using the “Nuclear Option” to eliminate the filibuster for judicial nominees with a simple majority party line vote.  Now the left wants to nuke the filibuster in January.

Remember his back bench Senator from Illinois?

Senate Majority Leader Harry Reid (D-NV) in 2005 argued that “to change a rule here in the Senate takes a simple majority. But if somebody wants to speak in an extensive manner relating to that rule change, you have to break a filibuster. They are not willing to do that. They are going to use brute force and break the rules to change the rules.”  Get ready for some brute force by Senate liberals.

Klein argues that eliminating the filibuster in the next Congress has political appeal.

Ideally, a bipartisan majority of senators would end the filibuster — either immediately or with a delayed trigger six years after a deal is struck — so neither party would know which is poised to benefit. But doing away with the filibuster in the next Congress has some appeal, too. Democrats control the Senate and Republicans control the House; there will be no instant power grab leading to one-party dominance. It will instead be a down payment toward more effective government the next time voters decide to give one party or the other control of Congress and the presidency.

The problem is that the liberals in the Senate would have to ignore the idea that the Senate is a “continuing body” and force through a change with a party line vote — contrary to the explicit language of the Senate’s rules.

Because the Senate is a continuing body, it is impossible to change the rules without ignoring a filibuster of the change of the rules that requires a two-thirds vote of all Senators to shut down debate.  The rules allow for a filibuster of the rules change.

Senate Rule V provides “no motion to suspend, modify, or amend any rule, or any part thereof, shall be in order, except on one day’s notice in writing, specifying precisely the rule or part proposed to be suspended, modified, or amended, and the purpose thereof.” To suspend or change the rules, Reid would effectively need 67 votes.

Reid will argue that when the Senate comes into Session in January, he is allowed to change the rules with a party line 51 vote threshold.  This is a naked power grab by liberals.  Conservatives need to dig in and fight this terrible idea.

COMMENTS

  • the_invisible_hand

    The filibuster is the enemy of all majorities and power grabbers. That is why I like it and think it is crucial to preserve it no matter who is in the majority.

  • BohemianBill

    Indeed, the sword potentially cuts both ways and Reid is aware that some version of the filibuster helps the Senate to fulfill its function. Specifically, he has stated that filibuster enables the Senate to slow down the legislative process to allow reasoned consideration. It was not intended to bring the Senate’s business to a complete halt, which is what has happened over the last four years. Further, the filibuster as initially practiced demanded some pain from its practitioners, something which has also been lacking during the last four years. Many of us can remember the filibusters during the 1950s and 1960s when those Senators who wanted to prevent legislation from passing having to actually filibuster on the floor in the Senate. Reid in many regards is simply demanding that we go back to the old ways of doing things rather than the genteel ways now done by phoning it in.

  • BohemianBill

    How can opening selection of US Senators to the direct election by the citizens of their respective states be a transfer of power from the states to the central government? It’s the individual states’ electorates who received the power. Further, since the change occurred via a legitimate amendment process, just how was the Constitution insulted? That very document allowed for the change you decry. Since you seem to dislike any amendments to the Constitution, how about we eliminate the restriction on the number of terms a person can be elected to the Presidency or, even better, all of the Bill of Rights? Those were amendments too.

  • BohemianBill

    The purpose of the Senate was solely to make sure that smaller states had equal representation to larger states in some body of the legislature. That was it in a nutshell. It had nothing to do with filibuster or anything else. How members of the Senate might be selected by the individual states is the least of the problems we face.

  • scash

    Interesting… change the rules, then simply have the house vote no against everything that passes on the new “rules”

  • quantguy

    With all due respect the “purpose of the Senate” was NOT “solely to make sure the smaller states had equal representation.” The Senate, and more specifically a bicameral legislature, as advocated Edmund Randolph and supported by James Madison was firstly and primarily to check the “fickleness and passion” of the House of Representatives.

    Madison wrote in his Notes of Debates in the Federal Convention of 1787 that the purpose of the Senate “is to consist in its proceeding with more coolness, with more system, & with more wisdom, than the popular branch.”

    It’s very existence (purpose) had everything to do with Madison’s desire to eract “a necessary fence” to protect the legislative process from short term shifts in public opinion. To that end the framers perceived that there were several ways to ensure that it would in fact be the more “deliberative” body, not the least of which is the way in which members were elected.

  • JSobieski

    A senate rule cannot trump the constitution. A present day house of congress cannot bind a future house of congress short of a constitutional amendment.

  • checkmate2012

    Unfortunately there’s nothing in the Constitution regarding filibusters. Not to say the Reps. shouldn’t fight this tooth and nail, they should. Reid will rue the day if he manages to get this passed as he’s on camara going ape when Rep’s wanted to use the nuke option during the Bush years (Pelosi, Hoyer, Reid, O, etc.).

    One quibble with the diary…the rules to stop a filibuster is a three-fifths rule, so 60 is the number for cloture.

  • JSobieski

    Can Congress and the President pass a law that requires a 60 vote threshold to pass all laws? What about a 70 vote threshold? How about a 100 vote threshold? If the answer to these questions is NO (which is the correct answer), then how can the Senate do alone what would be unconstitutional to do by statute? The filibuster is based on commity, not law and not Senate rules. Except for when a specific alternative is listed in the Constitution, the number for passing a vote is a simple majority (50% +1). That is more intrinsic to the Constitution than than judicial review. The fillibuster exists because 51 Senators are unwilling to say that it doesn’t exist. It is a matter o commity.