Whatever you think about the Democrats’ fecklessness, particularly in the Senate, consider: they have been able to get a majority of the chamber this year to agree to repealing Don’t Ask Don’t Tell, the DISCLOSE Act, the 9/11 health care bill, a $250 one-time benefit for Social Security recipients, and dozens of other bills. And these, of course, are only the bills they actually brought to the floor, to say nothing of bills with clear majority support, like the DREAM Act, an energy bill, the public option, a bigger and more focused stimulus package and who knows what else. If the Senate had the same rules as the House (or didn’t exist), we’d be talking about passing virtually the entire Democratic agenda in two years. Some of it would have involved compromises, but basically it all would have passed.
The Brennan Center for Justice is out today with a report on the abuse of the filibuster in the 111th Congress. It lays out pretty firmly that the Senate is simply not the body envisioned by the Founders when they created it. The minority party has successfully kept the Senate from even deliberating on legislation, Presidential appointments and judicial nominations. The Founders had no intention of forcing a 60-vote supermajority requirement for these matters, as the report shows. In fact, they created the Constitution as a response to the Articles of Confederation, which had several supermajority requirements which led to stalemate. The Constitution deliberately avoided those hurdles, laying out the very specific cases when such a supermajority would be needed. That has basically been abandoned due to obstruction.
This is from the foreward:
We write at a time when control of the body by one party is diminished, and when no one knows who will have the majority two years from now. Now, when the partisan implication of filibuster reform is unclear, is the ideal time to modernize Senate rules. For whichever party wields the gavel, our democracy is ill served by a Senate that is tangled in obsolete and easily-abused rules of its own making.
The House and Senate had basically identical rules until one rule, the motion for the “previous question,” was removed in 1806. This administrative decision has caused the stalemate we see today. Filibusters have consistently increased from session to session – and the number of legislation that doesn’t come to the floor because it has no chance of breaking a filibuster, or because Senate rules chew up so much time that the legislation isn’t important enough to waste a few days, has piled up as well.
The filibuster also diminishes actual debate, as the report notes:
Finally, the modern filibuster has spurred an obsession with procedure that threatens to take precedence over substantive lawmaking. For example, as witnessed in the recent health care reform debate, legislators increasingly force bills through alternative procedural routes – like reconciliation – in order to beat the filibuster. The majority party also frequently employs a procedural tactic called “filling the amendment tree.” Because Senate Rules restrict the number of amendments pending at any
given time, the majority leader can shut out all other, potentially germane, amendments by offering one amendment after another, i.e., occupying all available branches of the tree. In these ways and others, time that should be spent on policy deliberation is wasted on an endless game of procedural chess, in which success is measured not by the passing of effective legislation, but by the advancement of individual or party goals.
That’s extremely debilitating, and the country deserves better. The lame duck session, with its minority veto of a bill specifically designed to increase minority rights, should leave no question that the Senate’s processes must be simplified and reformed. There are plans out there for this purpose, and a credible path put forward by Tom Udall to allow for the Senate to change its rules. It’s needed now more than ever.




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The major problem that once immigrants–either legal or of illegal status over how many years, they could bring in a whole spectrum of family. Chain migration has silently snowballed from the 1986 Immigration bill. Since that law was passed the Congress has quietly passed six amnesties, without any explanation, while at the same time admitting over a million new legal immigrants a year through a lottery of specific working visas. The Dream Act if passed is just another stealth type back door amnesty. Hopefully in our future—the TEA PARTY—will put an end to this serious pretense of each administration supposedly working for the populace. Don’t give any Senator or Representative breathing room, and should get a cordial call the Washington Switchboard 202-224-3121 Until the Dream Act is amended–it must not be voted on–as is.
Any Student–come to that any illegal alien can join the military in time of conflict. One does not need the Dream Act to be recruited into the armed forces, using 8 USC § 1440, these illegal aliens can become naturalized citizens through expedited processing, often obtaining U.S. citizenship in six months?
It should be remembered for every legal or illegal immigrant who settles here, brings many more immediate family groups. Every year millions come to America who already has a legal or illegal family component, who offers either a safe haven or an affidavit of support; who they sponsor. When an illegal alien is caught along the border, the US agents ask that individual where are they are going. The majority answer I have a brother, or uncle in Denver, Salt Lake City or other major hub, who has a job for me. This is almost a perpetual loop of the same story over and over again. Alas, there is not enough room to explain what is happening around America in regards to this issue. It has become paramount quandary in so many ways and is just as urgent as the Start treaty, the tax conundrum, “Don’t ask, Don’t tell” and other issues. In fact the illegal immigration problem has got so out of hand; because of astronomical costs it’s threatening the livelihood of every American. IT’S A FINANCIAL catastrophe, which has grown out of control. The illegal immigration problem has been caused by years of neglect and now the only way the federal authorities can tamper down the burning fuse, is some kind of mass amnesty. Why should US citizens have to compete with foreign nationals? Why should legal construction workers or a laborer in any other job, have to compete with Contractors who hire foreign workers? When is this injustice to the American population going to end?
Remember that–CHAIN MIGRATION–puts the United States in serious peril, even more so than the original sponsors. Learn much more about the OVERPOPULATION and its risks to the environment, infrastructure and quality of life at NumbersUSA The Dream Act in itself not a menace, although at least a 800.000 students would be eligible if they abide by the law? The only immigration law that should be demanded is to make illegal entrance into the United States a felony, with no excuses and no exceptions. This includes businesses that are twice caught hiring illegal workers, should be subject to a harsh fine, confiscation of business assets and after the second conviction—prison! It’s blatantly obvious to me, that for years Washington has deceived the American people of both political parties. There has been no intention of enforcing immigration laws and this is proven without doubt. If illegal immigration had severe consequences, such as the above penalties the only enforcement program needed would be E-Verify mandated for every business owner. The majority of other restriction tools needed to halt the free flow of desperate, destitute people would radically decline; knowing that you would be convicted of a class “A” felony would collapse the ongoing flow.
This would be huge disincentive to economic foreign nationals crossing our borders, or using the excuse of being a tourist, fully aware they are not leaving once their visa runs out. No! There has been no true intention of halting illegal aliens coming here for work, or to commit crimes. Both Democrats and Republicans have remained impassive to the invasion, whether its 13 million or 20 million foreigners who have skirted our laws; of course that’s according which side of the Washington pecking order you are inclined to believe? Over thirty years of government neglect has brought this nightmare upon us, of incessant crimes against lawful citizens and permanent residents. Americans land owners living in constant fear along the 2000 miles of mostly unprotected border. Both political parties irrationally forget who pays their salaries and pensions while American find their wages sinking and the majority of Social programs of having to share these entitlements with illegal labor and their families.
Around the country, we have activist judges who ignore the US constitution and instead construe the law according to personal political orientation. Even now Arizona is under bombardment from open border radicals, or pro business entities, who do not want this Border States policing laws to be upheld. Then again the IRS is complicit in allowing illegal aliens to squat here, by issuing ITIN numbers, as foreigners cannot possess a real Social Security card. Over the last ten years we have seen an escalation in ID theft, with the courts saying this is not classed as a felony. Another concealed point is that illegal alien workers are collecting billions of dollars in income tax refunds, for children who don’t exist or filing for the same child twice by each parent. For those people who believe that this is an embellishment, one only has to Google key words–illegal alien costs; illegal alien income tax refunds.
There are highly regarded reports on the expenditures of federal, state and county support of foreign nationals that you as the taxpayer is erroneously paying. Sanctuary States like California under Liberal progressive control in Sacramento is depleting the state of billions of dollars, as they subsidize the millions in just Los Angeles County alone? The schools are in turmoil from overcrowding of children of illegal families, who by mandated law must be educated. In understaffed county hospitals have become places of last resort, for the multitudes of foreign nationals who live below the poverty line, so they are dependent on taxpayers. California has become an incubator for hundreds of thousands of illegal pregnant females, who collect under their new citizens-babies, namely billions of more dollars soaked from you and me.
Their children are a valuable commodity, because our 14th amendment law has been with intent compromised, so that children of illegal aliens are issued food stamps, low income housing and a large profusion of cash payment and other freebies. All these entitlements should not be going to people who should not be here? These illegal women are already aware that once the stand on our soil, that the US taxpayer will support them and all their children. Until we halt the illegal immigration occupation of this country, we a steadily heading for a irrevocable overpopulation. The only way anything will ever get accomplished is by Americans pressing incessantly their Senator or Congressman. As the Tea Party grows this organization has a commitment to the people—because they are THE PEOPLE. They owe no favors to left wing Unions, big corporations or the open border zealots. They are the TEA PARTY. They are AMERICA.
Boy, did you take a wrong turn at Albuquerque…
I don’t understand the people who oppose filibuster reform. It cannot be used to stop the de-funding that the rethugs will do next year in the budget. And if they did take over, we would no longer have that protection.
The least we could have done is get something accomplished for our side. Reform may not get us more progressive legislation, but it can get desperately needed judges to help reverse the federalist society tide.
dday, I wonder if you’ve thought about doing some kind of book salon with the one of the authors of Filibuster: Obstruction and Lawmaking in the U.S. Senate
Gregory J. Wawro & Eric Schickler. They could provide some insight.
Take this xenophobic spam gibberish to Beck’s website. Or Rush’s. Or Gov. Brewer’s. I’m sure they’d enjoy it more.
Yes, and it’s bad enough to look at the 2-votes-per-state senate votes. It’s even worse when you compare some of the state populations against some of our larger US cities.
For instance: Wyoming’s population = 544,270
Alaska’s population = 698,473 (2009 est.)
Now look at a few large US cities:
Los Angeles (metro region, 2009 est) = 15,250,000
Atlanta (metro region) = 5,475,213
In other words, Wyoming has 1/30th the population of LA.
Yet Wyoming has 2 Senate votes, and LA has about 1/60th of a Senate vote.
And Atlanta has about seven times the population of the entire state of Alaska.
Now ask yourself: who actually does the WORK of governing in the US — the police budgets, the health departments, the road budgets, the water treatment plants, the daily work of how people get to work, flush toilets, get water to brush their teeth, turn on a lightbulb or computer — all those acts of governing are implemented by mayors.
Yet we have ideologues from small states outvoting, and putting an absolute stranglehold, on those of us in large urban communities.
————————–
Also: Sen Bernie Sanders = inspiring and brilliant.
Jaw dropping.
David,
You bring up an important subject, but you omit key points:
1. Point One: The two wings of the Republican Party like the Senate as is, complete with its arcane rules that frustrate the will of the majority.
2. Point Two: Think back to 2005 when then Senate Majority Leader Billybob Frist threatened the so-called “Nuclear Option” to render the Republicanized Democrats completely unable to stop anything because the Fire-breathing Dragon wing of the Republican Party felt the other wing was “filibustering” too much. Fast forward and switch the roles starting in 2007 when the Republicanized Democrats control the Senate. The Rep. Democrats not only allow the Fire breathing dragon Republicans to filibuster, but filibuster absolutely any and all legislation, nominees, and treaties/agreements. Battered Rep. Democratic Wife Rachel Maddow has kept very scrupulous count of all the bills that the fire-breathing dragons Republicans have blocked. Are we at 1,000 plus by now?
3. Point Three: Point two is underscored all the more when you think back to the election of Al Franken to the Senate. Firebreathing dragon Republicans blocked Franken for over 5 months before he was sworn in. Think back to Scott Brown’s special election win in MA. Not only did the Democrats mount no real opposition to Scott Brown (Marth Coakley was a joke at best or worst) but Harry Reid spent all of about five minutes, literally breaking his own neck in the process to getting Scott Brown, fire-breathing dragon Republican teabagging buffon sworn in. By the way, Scott Brown was Senator #41 for the Fire-breathing dragon Republicans, which provided the perfect excuse for Rep. Democrats getting nothing done in the Senate because they could then rely on Point Two as the ready-made catch-all excuse for allowing the Fire-breathing dragon Rep. to obstruct everything when they should have taken the Billybob Frist approach and nuked the Fire-breathing dragon Republicans in the Senate. That way, majority rule would have prevailed.
Come one all you guys down in the trenches, pipe up over here. Read that shit at number ONE????
And you want to WORK WITH THOSE PEOPLE????
The TEA PARTY is, as I and many others (BT especially well) have said, is nothing but an astroturf organization that represent the same far right wing that’s always been with us, and has always been just as xenophobic and full of shit.
Now they’ve gained a lot of well intentioned folks because of the bad economy (that happens ALL the time, look at what happened in Europe after the crash) but by and large, they are NOT espousing policies and holding beliefs that we can “work with.”
It would be wonderful in a world where we really could “all just get along.” But it’s NOT that way. These folks are hard core right wing, some hard core libertarian, and no progressive gains can be had with either of those ideologies. It is simply a waste of time to expend time and energy on going after them.
Instead, just keep shouting the truth to the heavens. The well intentioned ones caught up in the movement will realize they’ve been had eventually and join our cause eagerly.
You might as well debate a brick wall as to debate with the mind that posted that shit at one. You’ll be far more likely to move the brick wall.
OFG don’t worry, it’s several screens of gibberish, no one is going to read it.
And this screed has to do with filibuster reform because….?
I don’t know when we started having diaries as comments. All I did was skim through and I need some brain bleach.
In other news: Buh-bye Joe
Never mind folks. I took one look at #1 and just passed on by.
Community question: should we flag stuff like this? Maybe I’m the only idiot, but I read the first three paragraphs of the illegal immigration spam comment and forgot all about Davids substance. It’s distracting from the actual diary.
Not work with them. I’m against any kind of working with the Teabaggers on the movement level. At all. I’m a hardcore secularist and leftist. BUT….If the opportunity arises to get the Teabaggers in Congress to vote the same on something as the progressive caucus, we should encourage that. Like audit the fed.
I thought the same thing. I’m inclined to think we should indeed flag it. The issue is not the inflammatory nature of the rhetoric, but the irrelevance. That’s what makes it forum spam. This jerk has basically used DDay’s post on the critically important filibuster issue as a peg on which to hang a preconceived rant on immigration that really has nothing to do with the topic of the post. It’s only one step removed from a commercial advertisement.
If this thing had appeared as a comment on a blog post about immigration reform, I would be inclined to give it the benefit of the doubt, even though I find its content repulsive. But here? Flag it.
Having been banned from the Huffington Post for arguing that Sarah Palin is a sociopath, I’ve been highly appreciative of the tolerance Firedoglake’s moderators have shown toward inflammatory rhetoric. Politics is an area in which many things that need to be said cannot possibly be said in a nice way without distorting their content. But no blog can survive if it allows irrelevant promotions to be posted anywhere at will, even if their content is political rather than commercial.
One minor detail: we can’t flag it here, because there are no flags. The moderation flags (which I have used twice so far, both times against commercial spam) are the one feature of the new comment system that I really like. They should be added to the old comment system, if at all possible.
Update: I just noticed that if you click on the name of this “germanicus” and go to his Activity page, there is a flag there. I just flagged his Activity page.
An excellent point. Presidential appointments are confirmed by the Senate only, not by the House. Too many people assume that the impending Republican takeover of the House means that the Senate becomes useless. That’s a fallacy.
I second the motion! I would love to see a book salon on this topic.
Incidentally, has there been a book salon for Wendell Potter’s Deadly Spin (about the toxic influence of insurance company PR, including Potter’s own smear campaign against Michael Moore, for which he has personally apologized to Moore since changing sides), or is one planned in the future?
I’m reading the Brennan Center report – it’s fantastic so far! Footnote 85 draws our attention to the closing words of the Federalist Papers #62 (probably written by James Madison):
Think about that when you watch Kabuki votes in the Congress, and hear about filibusters and secret holds jeopardizing measures like the defense authorization bill and the extension of the debt ceiling.
The Senate of the 111th Congress has forfeited any legitimate claim to respect.
I just finished the Brennan Center report. Everyone should read it! The pervasive theme was that filibusters and secret holds undermine our democracy by impairing transparency. The hagfish slime of procedural obfuscation crowds out legitimate, straightforward debate and legislative activity, diffusing responsibility and making it harder for constituents to determine how their elected representatives have used the power with which they were entrusted.
My main criticism of the report is that the conclusions drawn on the last page were incongruously weak. They were obviously a concession to the Blue Hagfish (my term for the Democratic Senators who do not support filibuster reform, analogous to “Blue Dogs”), who will try to water down reform as much as possible. These compromising conclusions fall short of what the report’s argument clearly calls for: the absolute and total elimination of every trace of filibusters and secret or indefinite holds.
The Blue Hagfish are, or were as of DDay’s July 28th post:
Daniel Akaka (Hawaii)
Max Baucus (Montana)
Dianne Feinstein (California)
Carl Levin (Michigan)
Mary Landrieu (Louisiana)
Ben Nelson (Nebraska)
Mark Pryor (Arkansas)
Jay Rockefeller (West Virginia)
Jon Tester (Montana)
Russ Feingold (Wisconsin)
I would be interested in updates to this list (additions or deletions) based on more recent information.
I agree – ad hoc cooperation with the far Right on narrow legislative issues (like Jane’s Audit the Fed project, or maybe opposition to the Korean naftaloid monstrosity) can work, but zero cooperation is the right policy at the movement level. That strikes the right balance.