The Filibuster Is Preserved – Progressives Lose


Moe has a good post on the demise of so called “Filibuster Reform” from earlier today.  The Senate voted on a package of rules reform proposals, but the filibuster is safe from an attempt by a simple majority of Senators to expunge it from the rules of the Senate.  The minority party and individual Senators will retain the right to force an extended debate and participate in the legislative process.  The left wing partisans seeking to seize total control over the Senate’s agenda for the next two years have lost.

Ezra Klein of the Washington Post reported on the demise of the liberals plan to gut the filibuster rule:

“As part of this compromise,” Reid said, “we’ve agreed that I won’t force a majority vote to fundamentally change the Senate — that is the so-called ‘constitutional option’ — and he [McConnell] won’t in the future.” In other words, Reid and McConnell have agreed that the Senate’s rules cannot — or at least should not — be decided by a simple majority. That was what the constitutional option was about, and that’s what Reid explicitly rejected in his speech. Why? “Both McConnell and Reid feared what would happen if they were in the minority,” explains a Reid aide.

This is a wise move for the left who may be 2 years away from Republican control of the Executive Branch and both chambers of Congress.  Cooler heads have prevailed and Senators avoided a move that would have destroyed the traditions and unique nature of the Senate.

What has passed is S.Res. 28, a resolution banning so called “secret holds,” and a resolution from Senator Udall of Colorado that waives a reading of an amendment if it has been online for 72 hours.  There is reportedly an agreement to expedite some nominations and a handshake agreement to for Majority Leader Harry Reid (D-NV) to stop filling the tree if Republican Leader McConnell (R-KY) stops filibustering motions to proceed to bills.

Senator Tom Harkin’s resolution to change the threshold for a cascading numbers of Senators needed to shut down a filibuster from 60 to 57 to 54 to 51 votes failed with only 12 Senators supporting the idea. 

The crying towels must be in short supply over at the Washington Post.  Greg Sargent writes:

There’s a larger point here worth pondering. The mere prospect of changing the rules via a simple majority vote was the only thing that could force the Senate as a body to even begin to debate rules changes that would dilute the power of individual Senators. By removing that option, Reid and McConnell have effectively insulated that power. Super-majority rule not only enhances the power of individual Senators; it also makes that power virtually untouchable. The Senate’s undemocratic features are self reinforcing. And that pretty much sums up what the Senate is all about.

Why would you want to dilute the power of individual Senators?  The Senate is all about the rights of the minority and individual Senators to actually participate in debate.  The Senate is not a pure majoritarian body, Mr. Sargent, and you shall be very happy about this in two years.  It is funny that Sargent claims that the filibuster equals “super-majority rule” when all it actually does is preserve the right of the minority to use the threat of extended debate to slow legislation and nominees.

David Waldman at the Daily Kos didn’t like the reforms because they were too small.

In terms of real reform, it’s next to nothing. But, still, next to. One-third of all executive nominations is one-third of 1400+. Eliminating the “secret” part of secret holds is… nice, though we were all hoping that they’d do something about the “hold” part. Being able to waive the reading of amendments — including substitute amendments, which is the real problem — so long as they’ve been publicly available for 72 hours is just good sense.

He then went on to urge his readers to fight on.  You will not hear another word about “Filibuster Reform” in 2 years if the likely scenario plays out that Republicans take back over the Senate and the executive branch.

Is it a “win?” No. But it should also be understood in context. Senate rules reform fights have never been won right out of the gate. The successful reforms of the past have all required several attempts, spread out in two-year intervals, sometimes stretching out over decades. In “blogging years,” that’s an eternity. In the United States Senate, where many members serve for 30 years or more, that can be the blink of an eye.

Klein closed his blog post with the following:

It’s ended with Democrats and Republicans agreeing that the filibuster is here to stay. And the reason is both simple and depressing: Democrats want to be able to use the filibuster, too. Both parties are more committed to being able to obstruct than they are to being able to govern. That fundamental preference, as much as any particular rule, is why the Senate is dysfunctional.

I believe the opposite to be true. The Senate is actually a much better institution because of the filibuster.  The filibuster empowers every last member to be a player in the process.  You can’t ignore Socialist Senator Bernie Sanders when you try to pass tax cuts, because he will filibuster.  Senator Mike Lee (R-UT) has pledged to filibuster an increase in the debt limit, therefore he will play a significant role in that debate. 

The filibuster empowers individual members to help craft legislation and to make sure that the concerns of all Senators are not ignored by a bullying majority.  If the filibuster was removed from the rule book, the Senate would be much like the House.  Individual members would have little power, much like members of the House minority party. 

For a more detailed explanation on the merits of the filibuster, please read my paper published by The Heritage Foundation titled “The Filibuster Protects the Rights of All Senators and the American People.”


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Two Senators per State,

altexas Thursday, January 27th at 7:08PM EST (link)

for a reason. This body is special and each member must be able to represent the State they are from, we the people and the values they hold dear. This is by design NOT a democratic body but rather a representative one. May the Republic long live.

A good day.

If conservatives are to save America, it will be under the old rules that give liberals an advantage, but

Mike gamecock DeVine (Diary) Thursday, January 27th at 7:28PM EST (link)

So be it and let us re-double the fight.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 

Golf clap for republicans

Juggernaut (Diary) Thursday, January 27th at 7:42PM EST (link)

Can’t imagine what dems would do when they lose Senate majority, talk about a meltdown leading to a rules change. Or would they convince the media to beat down on the GOP more? Of course the media attacks would grow as more turn against what the majority of Americans want.

The only filibuster reform I’d support would be to make the debate specific to the bill. No poetry reading nor bid chirping. If they focused on the merits of the bill or lack thereof, we’d see more progress provided any lie could be debunked to keep both sides honest. Dems obstructed banking reform in 2002 and 2005 with lies about racism while they pretended the gop wanted to kill the housing market. Lies and scare tactics only divide politicians on issues, as well bad bills can be killed faster by focusing debate. While I support free speech, I do not support nonsense during filibuster. The house and senate should be run more like board room meeting with professional conduct and respect for truth.

RomneyCare is Right Wing Socialism – please feel free to use is as often as possible…….it will kill his campaign.

Romney “severely conservative”? That’s the opposite of a “compassionate conservative” like George W. Bush? Actually, we know what a severely conservative is. It’s Dick Cheney and Mitt Romney is no Dick Cheney.

re: Golf clap for republicans

leonidus2010 Friday, January 28th at 3:08AM EST (link)

Well written Karl and I am in complete agreement with you. Unfortunately you and I have more reverence and respect for the founding principles of our once great nation (maybe great again someday I can only hope and pray) than the crooked charlatans, pimps, prostitutes, tax cheats, embezzlers, scofflaws, scoundrals and degenerates that currently occupy the White House, Congress and Senate. I forgot how many are convicted felons, those that were even prosecuted? definitely the exception not the rule these days when NO ONE in our governent has ANY accountability, morals, ethics or standards of ANY kind. Maybe our kids can look up to drug dealers and ponzi scam guys like Madoff since the scumbag politicians, athletes and corporate “leaders” have really failed to exhibit any moral leadership or integrity over the last 20 to 30 years.

It will be interesting to see what the “spin” will be in 2012 when the GOP likely takes the Whie Hosue (assuming still high unemployment) and Senate and may not have a 60+ seat super-majority. Being that politics in DC is now all out nuclear and biological warfare where they lie, cheat, steal, pimp their mother/daughter, do whatever it takes to win with no regard for morals, ethics or values on either side (for the most part) and the DNC leadership at least having much less belligerence and party discipline than the RNC (in the Senate at least – Mitch McConnell and Jon Kyl seem to have somehow contained the emerging powers of JimDemint and Rand Paul from co-opting their power in the Senate…so far).

It will be interesting to see if McConnell (or DeMint being the heir apparent if McConnell isn’t overthrown or voted out as a RINO by a primary challenge from the right) don’t have a change of heart in fear that the Dems might try the same tactics they employed so successfully the last two years against them. Then they would be stupid not to change the rules and restrict filibusters that might derail or seriously curtail any of their legislation.

…Reid said, “we’ve agreed that I won’t force a majority vote to fundamentally change the Senate — that is the so-called ‘constitutional option’ — and he [McConnell] won’t in the future.”

If anyone thinks that McConnell (Reid’s enemy – NOT his ally) would actually telegraph his battle plans two years in a advance is a fool…or McConnell is if I have underestimated him…

“All warfare is based on deception. Hence, when able to attack we must seem unable; when using your forces, we must seem inactive; when we are near, we must make the enemy believe we are far away; when far awar we must make him believe we are near. Hold out baits to entice the enemy. Feign disorder, and crush him… attack where he is unprepared, appear where you are not expected.” Sun Tzu

“The only tactical principle which is not subject to change; is to inflict the maximum amount of wounds, death and destruction on your enemy in the minimum amount of time” Winston Churchill

 

Germane Filibuster?

edintexas Friday, January 28th at 9:26AM EST (link)

I guess you know that requiring any filibuster speech to be germane to the bill being filibustered would automatically limit the length of the filibuster. And I doubt you are so naive as to believe that the MSM would report the content of the debate (how many people are at home and watching CSPAN during the workday?) so the germane commentary could reach the attention of the citizens (if the citizens were even paying any attention at all). The filibuster exists as a tool to force debate, not be a debate in itself.

By using the title “Golf Clap for republicans” (sic), are you invoking the “Urban Dictionary” definition: “1. An exaggeratedly quiet clapping intended as a show of sarcastic support or disdain.”? If so, why are you disdainful of Republicans?

Not really, a specific filibuster

Juggernaut (Diary) Wednesday, February 9th at 8:30PM EST (link)

would only require staying on subject. Any bill can be debated on its merits so long as politicians are willing to continue or a vote ends filibuster.

The msm report only what the democratic arty can live with so its clubhouse rules till the people stand up to the msm, perhaps a Tea party revolt against the media?

The gold clap is what it is, a support for standing up to liberals, I tend to be blunt. I looked at the Urban Dictionary, funny but weird people, more than a few felons lurking there.

RomneyCare is Right Wing Socialism – please feel free to use is as often as possible…….it will kill his campaign.

Romney “severely conservative”? That’s the opposite of a “compassionate conservative” like George W. Bush? Actually, we know what a severely conservative is. It’s Dick Cheney and Mitt Romney is no Dick Cheney.

edit

Juggernaut (Diary) Wednesday, February 9th at 8:31PM EST (link)

The felons remark was sarcasm but probably true of UD, lol.

RomneyCare is Right Wing Socialism – please feel free to use is as often as possible…….it will kill his campaign.

Romney “severely conservative”? That’s the opposite of a “compassionate conservative” like George W. Bush? Actually, we know what a severely conservative is. It’s Dick Cheney and Mitt Romney is no Dick Cheney.

 
 
 
 

In the future?

bjwilson83 (Diary) Thursday, January 27th at 7:51PM EST (link)

Looks like Reid has given up already.

Looks like Reid has given up already.

leonidus2010 Friday, January 28th at 3:25AM EST (link)

Reid has the testicular fortitude of a unich… NONE.

The guy is an indiot (he completely underestimated the GOP in 2009-10 underestimating and opponent shows a complete failure leadership), lacks any leadership capability and is the greatest gift the DNC has ever given the GOP in recent years. Karl Rove was right (as he usually is – at least when it come to politcal analysis and strategy). Had the Nevada GOP elected anyone (maybe even a farm animal or a ham sandwich) other than Angle (who is also an idiot) he would be part of Nevada’s 20%+(?) unemployment and the Senate would have been 52-48 going into 2012. Now he won’t get his walking papers until 2016.

Don't under estimate him.

gekster (Diary) Friday, January 28th at 3:30AM EST (link)

He will show you what he’s doing with his right hand, so you wont pay attention to what his left hand is doing.
He hasn’tt lasted this long by being an idjit.

They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.

We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway

Ok folks, 2012 is here. Get involved

RE: Don't under estimate him.

leonidus2010 Friday, January 28th at 11:43AM EST (link)

I guess he has been lucky. As anyone who has even been to Las Vegas or Atlantic City (now Macau?) knows eventually luck runs out and his political career is living on borrowed time like his corrupt moral degenerate”friend” and “neighbor” Mr Ensign.

Not lucky, smart.

gekster (Diary) Friday, January 28th at 11:19PM EST (link)

You may not like his politics, but he knows what he’s doing.

They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.

We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway

Ok folks, 2012 is here. Get involved

 
 
 

Such anger Leon....

tampaconservative Friday, January 28th at 6:31PM EST (link)

We will not win this war with anger and insults, that is not our way of doing things. We must be reasonable and show the American people why they need continued change. Lighten up a little Leonidus ………

 
 
 

A Valuable Tool

DF (Diary) Thursday, January 27th at 8:07PM EST (link)

The filibuster is an important tool that the left was very much willing to use while they were in power. Now that they will not be able to hold a clear majority for the next 2 (probably many more) years they want to change the rules. In many ways the Democrat party can be compared to a bunch of little kids on the playground; name calling, blaming others for what they do wrong, and changing the rules in the middle of the game when losing. If anyone wants to get a good idea of just what poor shape the left is in, look at what they are trying to do in order to maintain some power in the years to come.

DF

www.notadriveby.comd

 

I just wonder what....

gekster (Diary) Thursday, January 27th at 8:16PM EST (link)

Spiral will champion now.

They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.

We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway

Ok folks, 2012 is here. Get involved

 

Who are the twelve senators that voted FOR the change

grumpyoldgoat (Diary) Friday, January 28th at 5:09AM EST (link)

I would be very interested in knowing which senators voted in favor of destroying the core of the senate.
Who of the twelve will be coming up for re-election in 2012, etc….

 

Towels in short supply indeed

ss396 Friday, January 28th at 7:07AM EST (link)

I invite our esteemed weepers and moaners on the left to ponder why Senators were originally chosen in and by the various State legislatures. Perhaps that will give them a clue as to what the Founding Fathers had in mind for the Senate when they fashioned it.

If you pay someone to sit on his butt, you can’t be surprised when he does.

 

Reid can't have the votes, or he'd push his agenda

renny (Diary) Friday, January 28th at 7:35AM EST (link)

on this issue. So, even Dems. see the problem with capricious rules changes and maybe envision the difficulties after 2012 when Dems. may be in the minority again.

 

I never thought they would do away with the Filibuster

kyle8 (Diary) Friday, January 28th at 8:46AM EST (link)

Not even the Democrats are all that short sided that they don’t remember they will one day be in the minority again.

“Nothing works like freedom, Nothing succeeds like liberty”
Kyle

 

This is a win for the Country

YnotNOW (Diary) Friday, January 28th at 10:01AM EST (link)

The Senate is supposed to be a deliberative body, and provide som adult supervision for the more radical swings of the House. That is why Senators represent the States, not the population directly. That is why the Senate is a continuing body with overlapping 6-year terms.

Major legislation SHOULD have broad support – both population-wise and geographic. We don’t need a better way for a minor swing in sentiment to lead to wide swings in policy.

In reality, this is a win for the PEOPLE.

YnotNOW
If not me, who? If not now, when?

 

Filling up the amendment tree

Plumb_Bob (Diary) Friday, January 28th at 10:04AM EST (link)

Human Events’ article on this subject mentioned a tactic that I had not heard even once was in play, not even on conservative blogs. I’m wondering why not.

“In return, Reid agreed to be less active in filling up the amendment tree to block out all Republican amendments. The amendment tree refers to the process of putting amendments on a bill as it goes through the legislation process. The Majority Leader has the power to add the maximum amount of amendments to the tree, which locks out any amendments by the minority party.

“Over the past two years, Reid has used his power to fill up the amendment tree drastically more often than had been done in the past.

“The Majority Leader used that power to cut off all amendments and debate 44 times. That’s more than the last 6 majority leaders combined,” said Sen. Alexander on the floor.”

http://www.humanevents.com/article.php?id=41443

Harry Reid was acting the tyrant, just like Nancy Pelosi, and gaming parliamentary procedure to keep Republicans from having any voice in bills on the floor.

The very center of Republican messaging needs to be to lock into the memories of Americans what Democrats did when they thought they had all the power. What surfaced was unmasked tyranny. These people cannot be trusted with power; they intend domination. We need to say so: “Remember what Democrats do when they think they’re in control.

(Unrelated to this topic, please visit my political blog, “Plumb Bob Blog: Squaring the Culture,” at http://www.plumbbobblog.com. Thanks.)

 

The filibuster is supposed to protect the minority,

Dan Perrin (Diary) Friday, January 28th at 10:47AM EST (link)

but it also has the effect of protecting the majority from doing stupid things.

 

rule changes a draw for original intent

talgus Friday, January 28th at 11:55AM EST (link)

The Senate has always been the cool down for rash legislation. Even with the 17th divesting Senators from their states (more beholden to the people/benefactors than the state gov’t), the ability of a Senator to slow/stop the majority is GOOD and must be preserved.

 

Demoncrats are Socialists

billybaa Friday, January 28th at 4:26PM EST (link)

Reid is a rattlesnake
can we just get along ?
hell no, finish him off
investigate how he stole the election

I was tossed off this site for bad language. I may be a moby, too.

 

The filibuster rule favors socialism, not conservatism

Spiral (Diary) Friday, January 28th at 7:38PM EST (link)

The filibuster rule has provided advantages to the Left.

Social Security had no problem overcoming the filibuster. But medical liabiilty reform has been blocked by the filibuster.

Medicare had no problem overcoming the filibuster. But drilling in the Artic National Wildlife Reserve was blocked by the filibuster.

Liberal nominees to the federal courts have no problem overcomeing the filibuster. But conservative judicial nominees like Miguel Estrada and Carolyn Kuhl get defeated by the filibsuter.

Not only that, the US Constitution clearly gives the majority of the US Senate the power to write its own rules and the US Constitution intended the US Senate to operate on a majority basis.

It looks like we as a country have decided that preserving the right of the Left to block the conservative agenda is more important that advancing the cause of freedom.

 

The Filibuster works both ways

hendrig Friday, January 28th at 10:58PM EST (link)

It doesn’t surprise me that some Democrats voted against doing away with the filibuster. Should they again become the minority in the Senate in 2012, they may need it. By voting to do away with it they would, in the long run, end up kicking themselves.

As Fox News and several conservative talk show hosts have pointed out, Republicans have also used it very effectively in the past.

The filibuster works both ways.

 

filibuster ok, except when voting under the "appointments clause"

nooilforpacifists Tuesday, February 1st at 5:01PM EST (link)

I agree that the “Senate is actually a much better institution because of the filibuster.” However, the filibuster is unconstitutional when the Senate acts under the “appointments clause” of Article II, Section 2, clause 2:

http://nooilforpacifists.blogspot.com/2005/05/framers-had-nukes.html

Which means it’s fine for ordinary law-making, but not for judicial or cabinet nominations.