Chris Cillizza thinks the White House is making the filibuster a campaign issue. He’s a horse-race reporter, so everything’s a campaign issue to him. When all you have is a hammer, everything’s a nail, etc.
But the filibuster is not a campaign issue. It’s a governance issue. If you have 59 votes in the Senate and an artificial construct that demands 60, and a minority party committed to lockstep obstructionism over anything else, you have a governance problem. To be sure, Democrats have other levers at their disposal to get their agenda passed, and there are two most frequently cited – 1) using reconciliation for budgetary items, which cannot be filibustered – and which is basically the plan for passing a health care bill; and 2) highlighting and essentially shaming Republicans over their willingness to obstruct, the “make them filibuster” approach which starts with a coordinated information campaign of the kind we’re starting to see. Both of these are means to a governance end, not a campaign end.
Cillizza cites as proof that this is only campaign talk the article from his own paper stating that Harry Reid hasn’t scheduled a vote on the issue. But Tom Udall’s is calling for a rules change at the beginning of the next Congress, which he believes he can get with 50 votes. That cannot happen until January 2011, so there cannot possibly be a vote before then. In the meantime, you would need 67 votes for a rule change, and if that were possible, we wouldn’t be talking about a 60-vote filibuster. As for the nuclear option, that’s not a vote that you schedule, but a Parliamentary ruling that the chair makes and upholds by majority vote.
The bottom line is that Senate rules are a governance issue, one that is sending the country into decline.
A brief history lesson: In the 17th and 18th centuries, the Polish legislature, the Sejm, operated on the unanimity principle: any member could nullify legislation by shouting “I do not allow!” This made the nation largely ungovernable, and neighboring regimes began hacking off pieces of its territory. By 1795 Poland had disappeared, not to re-emerge for more than a century.
Today, the U.S. Senate seems determined to make the Sejm look good by comparison [...]
The truth is that given the state of American politics, the way the Senate works is no longer consistent with a functioning government. Senators themselves should recognize this fact and push through changes in those rules, including eliminating or at least limiting the filibuster. This is something they could and should do, by majority vote, on the first day of the next Senate session.
People don’t have a sense of process rules, and it would be a silly thing on which to hinge a political campaign. People are interested in results, and Senate rules are impeding those results.



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As for the nuclear option, that’s not a vote that you schedule, but a Parliamentary ruling that the chair makes and upholds by majority vote.
David, what does this “nuclear option” refer to in practicality?
Something that can only happen on reorganization in 2011?
“People are interested in results, and Senate rules are impeding those results. ” ; Yup.
Look up “nuclear option” on Wikipedia. It’s the only one of these options that could be done at any time, but it’s not really a vote you take. And I’d be highly dubious of the notion that Dems would take this route.
tnx
Actually the nuclear option is really the “Constitutional Option” and it’s kinda like starting out the second half of a football game with an on-side kick. Win the day! Besides it would be so much fun watching and listening to the Republicans whine and cry victim.
It almost seems as tho nobody is at the rudder of this ship of state.
Or the government is so corrupt that they have become a facade for whoever IS running it while our “elected” officials line their pockets.
This is an interesting article:
Core Chicago Team Sinking Obama Presidency
And the survey sez (opening up the envelope): 1% of the population cares about the filibuster rule. Great campaign issue. Much more important than foreclosures, unemployment, medical care, even the deficit.
it ought not to be a campaign issue, but apparently the dems are planning, again, on campaigning on republican obstruction and to do that the pretend that a threat to filibuster is actually the same thing as successful filibuster. sounds like campaign lies and not like we haven’t seen this song and dance before.
60 to end debate, not to pass legislation. unless the majority is afraid of debate
it’s not a governance issue until the dems start calling the republican bluffs. so far all the Rs have done is threaten to filibuster and the dems have folded.
and not that the pols of both parties are for the most part corporate tools. poor little dems, their failure is all the fault of those mean nasty rules./s the same rules other congresses and other majorities have had to deal with.
i might believe that if the house could pass decent legislation out of committee. hasn’t happened with either healthcare reform or climate & energy policy. i don’t think the senate rules are at fault for the failures of the house committees controlled by the dems.
wow, that high? /s
kagro x did a multi part series on the nuclear option at the next hurrah
“Sending the country into decline,” out here in the “real world” leadership from Washington is non existant. The Misery Index started with Carter, and has found a new friend with this president.
Sure, blame it on Bush, remember the Dems pushed for the prescription drug entitlement as hard as the Repubs, so blame Bush, he was Prez. 9/11 an two wars later, tax cuts that created jobs, and we still blame that “dufus,” incidently he did have better grades in college than Kerry and Gore, but we digress, Trillions of dollars later? Where are we? This president is in way over his head…we know it, you know it, so let’s move on. Hopefully, we’ll recover in the next two to four years!
I wish Rachel or someone would carry a section on their show explaining what the hell’s going on in the senate/congress. David Waldman would be the perfect person, and would certainly be a lot more worthwhile than oddball or that guy at the end of Rachel’s show.
Great artical. thanks
Basically, the Senate can do whatever it wants, at any time, since it is both separate and equal with SCROTUM I mean SCOTUS and POTUS. It does not have to wait for an election or a reorganization. What it lacks is political will. Harry Reid could, with 51 votes, abolish the 60 vote threshold today, and let the Republicans go hat in hand to the SCROTUM I mean the SCOTUS sort it out. The SCROTUM I mean SCOTUS is loathe to get involved with those kinds of issues, although I would not put anything past those yahoos. And even if they ruled against the Democrats, the Democrats could tell them to go screw. Separate and equal, right? This could go on for years. All it requires is political will. Which is lacking.
I mean Cheney and Bush basically used the Constitution as toilet paper (habeus corpus is the one right on which every other right depends, that’s why it’s been around since the Magna Carta, and they just ignored it), and both of them are not only scott free but drawing a pension and a substantial stipend to run their offices. So Democrats, don’t come crying to me about how you need 60 votes to do anything, you don’t, what you need is a backbone.
Bush had better grades than Kerry and Gore? In what, recess? Drug use?
I don’t see this as a big deal. It’s not like Obama and the Democrats were really into governnance anyway..
Yes, its a governance issue.
Which means that the kind of extortion that Nelson pulled, that Lieberman pulled, and that Shelby is now pulling, have to be exposed not for the sake of ‘politics’, but rather for the sake of governance.
In other words, if the WH fails to reveal and expose this structural problem. they’re not fulfilling their governance responsibility.
If your auto mechanic told you that your car wouldn’t move because the brakes were stuck, would you accuse him of partisanship? No.
If your doctor pointed out that your blood sugar hit levels for diabetes, would you attribute that to some ‘partisan’ motive?
I don’t think that Cilizza is capable of looking at things from an engineering or systems perspective, but if he could look at it from that perspective, he’d instantly see that this is a governance issue.
And it would be irresponsible of the WH not to make it quite clear to the American people.
then the majority, if there is indeed a majority, would call their bluff and let them filibuster instead of pre-caving to the threat of a filibuster.
(p.s. disagree about the dems treating this as goverance — i think they are treating it as campaign politics — but completely agree re systems)