Roll Call reports on a letter to Harry Reid put together by Republican leader Mitch McConnell, and signed by all Republican Senators:
A feisty Senate Minority Leader Mitch McConnell (R-Ky.) warned Friday that while he looks forward to working with President-elect Barack Obama in the coming months, Republicans will continue to demand that they be given the ability to amend legislation or will filibuster bills as they move through the Senate.
McConnell released a letter signed by the entire GOP Conference to Majority Leader Harry Reid (D-Nev.) calling on him to use a more open process for advancing legislation in the 111th, a clear warning to Reid that Republicans will be looking to stand together over the next two years.
“The 42 Republican Senators represent 157 million Americans. Their voices are entitled to be heard, and the way to be heard in the Senate is an open amendment process,” a clearly rejuvenated McConnell told reporters.
Referring to Reid’s use of procedural tactics to curtail Republican amendments, McConnell told reporters that “we’re going to try and get that genie back in the bottle.”
McConnell also called Reid’s actions during the recent auto bailout debate “bizarre,” and he said Democrats seemed to bounce from one idea to the next before simply giving up until “Dec. 8, maybe.”
McConnell seemed more energetic than at almost any time since he became the Senate Minority Leader in early 2007. Republicans attributed the change in demeanor to the fact that McConnell has largely been freed of having to toe the political line for the extremely unpopular Bush White House, as well as having survived a unexpectedly tough re-election campaign in November.
In fact, McConnell referenced the campaign when discussing his relationship with Reid.
McConnell, quoting Winston Churchill, said that “the most exhilarating feeling is to be shot at and missed. Well, they shot at me and they missed,” he said.
McConnell sounds as if he recognizes pretty clearly that the Republicans in the Senate remain the most significant obstacle toward socialization of health care, carmaking, and a wide swath of the economy. It’s an encouraging sign that he has the entire Republican conference behind him — at least at this early stage.
Holding the votes of the moderates in the Senate Republican conference on tough issues will be one of the primary measures of his effectiveness in the next 2-4 years; this shot across Reid’s bow suggests he gets that. And McConnell’s personal comments about his re-election run make it pretty obvious that Reid didn’t do anything to help himself with Senate Republicans when he involved himself in the Democrat effort to defeat McConnell.
Payback is… not likely to be pretty.
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Neil Stevens
Some items can't be filibustered
Spiral (Diary) Saturday, November 22nd at 9:00AM EST (link)There are some items that can not be filibustered.
From a anlaysis of the filibuster:
However, I appreciate the fact that the Republicans seem ready to use every parliamentry option that they have.
I hope that the US Senate eventually changes Senate Rule 22 to a 51 vote cloture requirement in place of the current 60 vote cloture requirement.
The fact is that the filibuster (60 vote cloture requirement) succeeded in preventing many good conservatives from being confirmed to the federal court of appeals but did not prevent extreme liberal activist jurists from being put on the federal court of appeals.
Same for legislation. ANWR has been prevented by the 60 vote cloture requirement (filibuster) but the filibuster did not prevent SCHIP from becoming law during the Clinton administration.
The Obama Bread Lines
Post-cloture procedure
Spiral (Diary) Saturday, November 22nd at 9:10AM EST (link)Here are the rules of debate after the Senate has successfully invoked cloture
So, even if the Republicans occasionally lose a cloture vote (if, for example, Senator John Reach Across the Aisle McCain and Senator Lindsay Gramnesty vote with the Democrats), that still leaves 30 hours of debate, probably enough time to alret the public regarding the problems with the legislation.
The Obama Bread Lines
To Remove the Filibuster is Not a Good Idea, except for....
Wubbies World (Diary) Saturday, November 22nd at 9:20AM EST (link)… when it comes to presidential nominations and treaty approval -in my opinion.
All any one party has to do is have a majority in both houses and the White House and the flood gates will be opened to a lot of craziness.
Now that is a great thing when we are the party in power, but it is frightening when it is the Democrats in power. I am certain they feel the same way about us too.
In our current situation it is all we have left.
However, the Democrats have severely abused it with judicial nominations in recent years I am afraid. That needs to be corrected imediately.
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The filibuster benefits the Left in my opinion
Spiral (Diary) Saturday, November 22nd at 9:28AM EST (link)The current 60 vote cloture requirement benefits the Left, in my opinion.
Did Social Security gets stopped by the 60 vote cloture requirement? Did Medicare? Did Medicaid?
The Wagner Act (giving us forced unionization which is currently bring down General Motors)? But the 60 vote cloture rule has defeated conservative legislative ideas, such as drilling in ANWR.
If you want to know why “reach across the aisle” Republicans are so numerous in the US Senate, take a look at the Senate rule (rule 22) that requires this to happen.
The Obama Bread Lines
Let me make a bold prediction, there will be NO filibusters
kyle8 (Diary) Saturday, November 22nd at 9:28AM EST (link)even if we end up with only 58 democrats there will be no filibusters. UNLESS the law in debate is so horrendous that there are a few democratic senators who are opposed to it.
The reason is that we have about four Republicans in the senate who cannot be trusted, and will be easily paid off with some sort of sop to their state.
Furthermore, when was the last time the senate really had a real filibuster? I am not sure they have the stomach for it.
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Real filibusters are no longer possible
Spiral (Diary) Saturday, November 22nd at 9:33AM EST (link)Under Senate Majority Leader Mike Mansfield in the 1960s, the Senate began using a two-track method of doing business.
This meant that while a filibuster could conceivably be going on regarding one piece of legislation or nomination, the Senate could continue to do business on another piece of legislation.
So, most people wouldn’t even know that anything was being filibustered. Only those watching the Senate very closely.
That’s why the current filibuster rules benefit the Left.
The media breathes down the neck of Republican filibusters. But the media barely reports the Democrat filibusters.
Guess which party ends up giving up on “obstructionism” more often?
The Obama Bread Lines
I'll Take This Bet
IJB Saturday, November 22nd at 9:39AM EST (link)The only time the GOP is effective is when they are in the Minority (esp. in the Senate).
There are many issues where it will be in the interest of all 42 GOP Senators to hold together and filibuster. (I fear the only issue where that may not be the case is nationalization of health care, because so-called moderates can be easily demagogued on this one issue.)
But there’s plenty of other areas – tax increases and foreign policy, to name just two, where it will be difficult-to-impossible to break a GOP-led filibuster.
Bottom line: This is going to be fun, especially if the Dems run far, far to the Left.
Democrats will use the Byrd option if
Spiral (Diary) Saturday, November 22nd at 9:42AM EST (link)And the Senate Democrats will use the Byrd option if the Republicans stand in the way of any legislation that the Democrats really want to enact.
Now, I can forsee a situation where the Democrats don’t use the Byrd option in the face of a GOP filibuster so that they can go to the Mainstream Media and say, “We wanted to enact this legislation. But those black-hearted Republicans wouldn’t let us do it.”
But if the Democrats really want to enact something, they will.
They will either put the legislation into a budget reconciliation bill, which can not be filibustered due to the provisions of the 1974 Budget Act or they will use the Byrd Option.
Republicans like to play by the rules.
Democrats like to win.
The Obama Bread Lines
Well, I can tell you one thing for certain about those four:
Moe Lane (Diary) Saturday, November 22nd at 9:42AM EST (link)Whoever they are, they signed Mitch’s letter. You can argue that they can still retreat on that, but they can’t do it without openly breaking with the GOP.
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Tax increases can't be filibustered
Spiral (Diary) Saturday, November 22nd at 9:53AM EST (link)Tax increases can’t be filibustered because they are typically made part of budget reconciliation.
Budget reconciliation can not be filibustered due to the provisions of the 1974 Budget Act, which limits Senate debate to 50 hours.
In reality, the filibuster rule (Rule 22 requiring 60 votes to end debate) has been changed many times in the past.
Sometimes the actual text of the Senate rule was changed. The most recent instance was in 1975 the requirement changed from 2/3rds of all Senators present and voting to 3/5ths of all Senators chosen and sworn.
But often times the Senate ignores the text of a Senate rule, which it can do at any time by majority vote of the Senate and the Senate’s presiding officer.
This is known as the Byrd option. Senate Majority Leader Robert Byrd used the Byrd option 3 times from 1977 through 1980.
The Obama Bread Lines
A United Front
MSU_Charles Saturday, November 22nd at 10:28AM EST (link)This is great for the Senate, but McConnell and Senate Republicans must begin building and maintaining a united front with house republicans. To me our party’s greatest failure in the last few months was how the Senate Repubs soldout the House Repubs on the bailout issue. We were winning that issue until that happened.
The next fight, the auto bailout. This should be our issue, the public is on our side. But if we do not have a united front, we will lose this issue too.
That's all well and good...
rbdwiggins (Diary) Saturday, November 22nd at 10:56AM EST (link)but there’s very little chance the moderates will honor their commitment and remain loyal to the GOP conference.
The path that leads the GOP out of the wilderness and back into the majority originates with the subprime meltdown and subsequent financial crisis being laid squarely at the feet of Obama, Acorn, the Clinton Justice Department, Freddie Mac, Fannie Mae, Washington lobbyists and congressional Democrats.
All Republicans, same page, every press conference, twenty-three straight months.
Unless the Democrats, including Obama, acquiesce to Republican demands… Make all of the Bush tax cuts permanent, cut the capital gains tax in half, eliminate the corporate tax and eliminate the death tax.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
'Tis True About the Filibuster & The Budget
IJB Saturday, November 22nd at 12:08PM EST (link)However, there are other ways for the GOP to money with the budget, and tax increases is likely to be one of the few thing that the Legacy Media will report, so the GOP should have a chance to get their message out on that.
You’re right – it’s more like things such as Card Check where a GOP filibuster will become important.
(And, yes, I’d love for the Dems to invoke Byrd on Card Check – they’d be resorting to an undemocratic overrule of their own rules to pass the single most undemocratic piece of legislation in decades – the press they would get and the ads that could be run against them on that will be priceless!)