Paul Kane has a piece in Sunday’s Washington Post that seems to be the kind of take on the Senate rules reform fight you’d expect someone who hasn’t been following it at all and gets most of his information from lobbyists. He accepts the contributions of senior Senate aides that the effort led by some Democrats to change the Senate rules will fail because “party leaders want to protect the right of the Senate’s minority party to sometimes force a supermajority of 60 votes to approve legislation.” But of course, the rules changes on the table would still allow that right. This confusion may indeed sink the Merkley/Harkin/Udall effort, but it’s a willful confusion – it’s perfectly clear that the rule changes would make it easier to dispense with legislation with broad support, and make it harder (but nowhere near impossible) to sustain all other filibusters, by making the filibuster an actual instead of an implied one. But Kane on multiple occasions says Udall, Merkley and Harkin want to “nullify” cloture. I don’t know what he’s talking about.
The article claims that Udall is attempting a “never-before-tested option” of changing the rules for the new Congress by majority vote. But the whole Udall proposal is predicated on the fact that there’s precedent from three Vice Presidents – Nixon, Rockefeller and Humphrey – to change the rules by majority vote. Kane says that ruling was “never put into practice,” but this is a semantic difference – the VPs ruled in favor of it, any “test” beyond that is superfluous.
That’s not to say that the end result of Kane’s article is wrong. The AP confirms that Lamar Alexander and Chuck Schumer are negotiating on what would be almost a complete whiff on Senate rules changes.
Senior senators are negotiating to reduce the 1,400 presidential appointments subject to time-consuming Senate confirmation, hoping to streamline a system that has frustrated administrations of both parties, according to officials familiar with the discussions.
These officials said that 100 posts or more could be dropped from the list if discussions between Sens. Chuck Schumer, D-N.Y., and Lamar Alexander, R-Tenn., result in an agreement that gains the support of the rank and file in both parties. Judicial appointments would not be affected, nor would the most senior positions at Cabinet department or independent agencies.
In addition, the two men have discussed curtailing the right enjoyed by individual senators to block action on a nomination or legislation anonymously for up to five days. This rule is widely flouted.
A hundred posts out of 1,400 won’t really unclog the executive calendar for nominations. And banning secret holds, which is what the last paragraph is about, is the most useless of the changes that Udall and his colleagues have put forward. Under these “changes,” you’d still have enough nominations needing confirmation to bring the Senate to a halt, and you’d still have the ability for a minority to block any nomination or legislation and slow down even items with broad support.
I would say that articles like Paul Kane’s play a major role in why we’re likely to see no changes after the most obstructionist Senate, as a matter of raw filibuster actions, in US history. The media don’t know Senate procedure, doesn’t understand Senate procedure, and can’t articulate Senate procedure to readers. As a result, the most skittish Democrats get no cover for changing the rules, read in the media untrue statements about what’s on the table, and then their general lack of spine kicks in. The filibuster, which if you look at history blocks progress far more than it stops regress, serves establishment ends. And so their muddling the issue serves that as well.




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David:
Did you write Kane and correct his stupidity?
Actually, David, I’d argue that it does NOT serve establishment ends. It does, however, serve the ends of a tiny minority (hedge fund principles, African dictators whose end-runs via shell PACs hide their agendas but manage to corral a Senate vote or two).
If the Dems fail to address procedural reform, they’re toast.
The media does not know senate procedures.
Many Americans sit on town councils, school boards, legislatures, utility commissions, and other bodies that use something close to Roberts Rules. People have to get business done, and your ‘average Joe or Jill’ does comprehend that a senate so gutless that it can’t even proceed to a motion to vote is not able to work on their behalf.
Anyone who has been on a board knows that rules matter.
It’s not rocket science to figure out that the filibuster is a problem.
Any senator who fails to support filibuster reform is going to get that vote hung on them the next time they run for office, and its going to be damn easy to nail their political asses for failing to address the dysfunction in DC.
The fact that Kane wrote this suggests to me that some lobbyists are starting to freak out because the ‘filibuster gravy train’ they’ve been milking for fees is perhaps about to be less profitable for them.
The filibuster has tremendous value to lobbyists who want to charge fortunes in order to control one or two Senate votes that can muck up the whole works.
It also has tremendous value to extremist minority views, especially if a Senator is from a small state.
It’s going to kill reelection prospects for anyone who fails to support it — no senator is so overwhelmingly popular that their constituents will forgive them for perpetuating the nastiness in DC.
Be interesting to see whether the Senate comes to its senses. Or not.
It would be nice if Udall would force a vote, but I don’t think he’ll want to embarrass his colleagues.
If you need “cover” to do the right thing, you’re a coward.
I agree that the media is useless here but let’s not blame them for the Democrats not having any spine. The Senate Democrats have shown over and over that they don’t even need prodding to cave most of the time.
As to how this is going to impact the re-election fortunes of Senators, who exactly is going to do the “hanging” and “ass nailing”. Who exactly do you believe has a large and loud enough political voice to effect elections on an issue that the general public has no real grasp of and where has this political savior been for the last two (or forty) years.
“Actual” vs “Implied” distinction is meaningless
Requiring Senators conducting a filibuster to “hold the floor” either kills the filibuster, or does absolutely nothing, depending on exactly what you mean by the requirement. Just making it harder is worse than pointless.
If the requirement allows the leadership to keep the filibustering Senators on the floor, with no breaks even to go to the bathroom, and, crucially, doesn’t allow the infinite division of filibusters (the filibuster of everything, every time, and subdivisible indefinitely), then the filibuster is dead. Better to just kill it outright, in name as well as fact, because maybe the Ds can be shamed, when we hold the leadership, into not ruthlessly using the rules to strangle any R filibuster; but the reverse is clearly untrue. The Rs, in leadership, would never allow a single D filibuster. They will be ruthless in applying the rules, we will not.
A rule reform that fails to do all of these things, categorically and absolutely, is the same as no reform, is the same as just conceding and saying that every Senate vote now requires 60 to pass. Well, not exactly, since the present set of rules effectively says that it’s 60 votes when the Ds are in the leadership, but when the Rs take over, the Ds have to agree to give up any filibuster the Rs really care about or face the nuclear option.
Failure to mean by “holding the floor” some standard that makes it impossible to maintain a filibuster forever, plus, crucially, such a strict limit on the number of filibusters that can be attempted that the minority cannot stack even these individually time-limited filibusters into one incessant barrage of filibusters that takes all the time on the Senate calendar away — means that we are back to square one. It means a determined minority can force the 60 vote standard across the board by holding the Senate schedule hostage with that barrage, even if the individual filibuster is time-limited.
Filibuster reforms that only make it hard, but not impossible, to filibuster, are actually worse than that, are worse than the status quo. That’s because long experience tells us that the only minority that is ever determined is the R minority.
An R-only filibuster is effectively what we have now. In a better world we would just kill the thing, but the least we can do is not make it de jure R-only as well as de facto R-only. A de facto asymmetry is easier to reverse, should the Ds one day grow a pair, than one entrenched in the rules.
Senate Democrats and the Democratic Party are mind numbingly clueless as to who the Republicans and their Tea Party followers believe the true enemy of Real America is: socialist wishing-government is your daddy-commie loving liberals hiding under the disguise of the Democratic Party and their trickery “centrism.”
Most liberal thinking outside the Village, from what I read, knows that the Republican’s would change the filibuster rules in an instant if it would benefit them and piss off liberals.
And couldn’t care any less about “cover” from the media…
http://books.google.com/books?id=iCrtXipvJigC&pg=PA159&lpg=PA159&dq=SLAVERY+AND+THE+FILIBUSTER&source=bl&ots=MxLJ8N3VB8&sig=4lxJPksUZvCVcCmeiCANk5rHV54&hl=en&ei=G5E9TfycM8_1gAeT7_WHCQ&sa=X&oi=book_result&ct=result&resnum=9&ved=0CE4Q6AEwCA#v=onepage&q=SLAVERY%20AND%20THE%20FILIBUSTER&f=false
1,400 blocked appointments.
Yep, the media is really doing their job.
Once upon a time, in the 1990s, there was great public enthusiasm for term limits for members of Congress. Term limits are easy to understand.
There is less public enthusiasm for changing Senate rules. Senate rules are real inside baseball and not well understood by the public.
IIRC, the method Congress used for derailing term limits was several competing proposals, each of which had wide support, and each of which fell just a little short of approval. So each incumbent could truthfully claim (s)he was in favor of (some version of) term limits.
Face it, we have a state run media apparatus which gives cover when it’s needed and doesn’t when TPTB don’t.
the final proof was in the Olbermann firing.
there’s no stopping Comcast now
Have you read a comments thread here on this topic? There are numerous “progressives” who still believe that the 60 vote rule is getting eliminated – they are getting their “I told you so when the rethugs take power in 2012″ on.
Same thing at other website, even posts by David Waldman at dkos – half the comments are saying we will wish we hadn’t done this because we could use the filibuster later.
Notwithstanding the fact that it will be gone if reps take over, they are lying or they don’t care about the facts, just interested in cheering for their team, in this case, the establishment Dems.
It’s pretty academic IMO. The repugs will change the rule if and when they get control of the Senate and will whip their shrinking violets to pass the rules changes with fear of tea party primaries. Believe it.
For weeks we were anticipating 1/5 showdown on Rule Changes. When they did a procedural side step reconvening the session and postponing a vote it’s no wonder there’s no media coverage. Another false step by our whimp Democratic Party.
If the Democrats lost the Senate and tried to do what the Republicans have done they’d nuke the rules in a heartbeat.
As it stands with the House controlled by the Republicans what bill does anyone suspect will be passed that the Democrats will want to vote on?
The media refuses to cover important issues in timely manner all the time. The media covers stories which are conducive to the interests of corporate media and the corporate handlers which own the media outlets. Since the Senate’s rules determine the nuances allowing obstruction by the minority protecting status quo interests, corporate media a status quo interest, is compromised? The Senate’s action in compromising with the interests of a minority, to the detriment of the Union is factual. It was called Slavery. It is American history. A history now sanitized in an American Literary Classic. Revisionism!
http://books.google.com/books?id=iCrtXipvJigC&pg=PA159&lpg=PA159&dq=SLAVERY+AND+THE+FILIBUSTER&source=bl&ots=MxLJ8N3VB8&sig=4lxJPksUZvCVcCmeiCANk5rHV54&hl=en&ei=G5E9TfycM8_1gAeT7_WHCQ&sa=X&oi=book_result&ct=result&resnum=9&ved=0CE4Q6AEwCA#v=onepage&q=SLAVERY%20AND%20THE%20FILIBUSTER&f=false
Filibuster: obstruction and lawmaking in the U.S. Senate By Gregory John Wawro, Eric Schickler
Why would specific US Senators oppose granting subpoena power for Congress when investigating the Gulf Oil Disaster, and three foreign based corporations? Halliburton, Dubai, TransWorld, Sweden and BP, England? These are US Senators sworn to defend a nation.
The due process rights of Americans have historically been compromised buy political compromise protecting status quo interests which are determined by Senate Rules. A 60 vote requirement is the most blatant example of Senate rule, providing political cover to both party’s politicians, essentially slowing progress and protecting “corporate’s interest,” just as the US Congress compromise and perpetuated the institution of slavery! No revisionism here! Just repeats in American history concerning “energy” we ignore!
How do the new rules affect Trade treaty approval?
The Korea-U.S. Free Trade Agreement (KORUS-FTA) is estimated to cost (the Economic Policy Institute estimate) 159,000 jobs over the next five years. The U.S. International Trade Commission says those job loses says a major loser of jobs will be our electronic equipment manufacturing industry – and indeed this is why Obama was against the trade agreement (in 2008 saying “I strongly support the inclusion of meaningful, enforceable labor and environmental standards in all trade agreements. As president, I will work to ensure that the U.S. again leads the world in ensuring that consumer products produced across the world are done in a manner that supports workers, not undermines them). But because the WTO does not really allow those nice words to have effective laws backing them up (as Clinton found with NAFTA) there are no major new provisions on these issues.
This agreement is our first since NAFTA with an industrialized country, and what we ended up with was an off shoring of jobs agreement with protection for banks and derivative dealers, but with the right to export 75,000 cars a year to Korea (estimated to create 800 jobs) in return for a Korean side with no limits (476,833 sold) – but our “US car sale” need only be 35% American made (heck, the EU in their treaty got a right to 45% EU content, but then Obama does like to give corporations what they want).
Indeed Korea does the mercantilism thing as we do “free trade”. And our lobbyists got the bankers rights to overturn the recent bank reform! No one notices that we have a lower rate of export growth with nations with which we have trade agreements than we have with other nations.
But the largest problem is the WTO’s “investor-state arbitration” where, as in NAFTA, we lose American sovereignty (over $326 million in damages under NAFTA has been paid out by governments as a result of challenges to natural resource policies, environmental protection, and health and safety measures – the U.S. was forced in 1996 to weaken Clean Air Act rules on gasoline contaminants in response to a challenge by Venezuela and Brazil- in 1998, we were forced to weaken Endangered Species Act protections for sea turtles thanks to a challenge by India, Malaysia, Pakistan and Thailand concerning the shrimp industry- the EU accepted trade sanctions by the U.S. for not relaxing its ban on hormone-treated beef -in 1996, the WTO ruled against the EU’s Lome Convention, a preferential trading scheme for 71 former European colonies in the Third World). There about 80 Korean corporations, with about 270 facilities around the U.S., that would acquire the right to challenge our laws under KORUS-FTA.
The Korea-U.S. Free Trade Agreement KILLS BANKING REFORM. KORUS-FTA forfeits our right to limit the size of financial institutions, forfeits our right to place firewalls between different kinds of financial activities in order to prevent volatility in one market from collapsing another, forfeits our right to limit financial services financial institutions may offer, it bans regulation of derivatives, it ban limits on capital flows designed to tame volatile “hot money.” Some of the above are things that had no involvement in our crisis (the firewall as the pre-modification Glass-Steagall would not have helped stop anything), but the Treaty prevents any discussion or enforceable law.
There is only one possible conclusion. We must STOP GRANTING TRADE CONCESSIONS TO ACCOMPLISH POLITICAL GOALS. We must STOP LETTING CORPORATIONS WRITE OUR TRADE LAWS.
If the changes make approving the Korea Free Trade agreement less likely, I am all in favor of them.
There should be no surprise the filibuster will stay as is. It’s not just the minority that always benefits. Sometimes the majority needs to shield some of its at risk members, who would rather not vote on a controversial issue for their base because it could cost votes in a marginal district on election day — there could be a fatal net loss there. So, float the bill, let the opposition filibuster it, then lay blame there rather than having to go on record. Think the blue dogs are a little bit worried about 2012?
So Udall coming out in the media a couple of weeks ago apewing all this stuff about changing the 60-vote rule and how he and his partner in this venture had gained support for his effort and yadada..yadada..yadada.. was ALL A PUBLIC LIE. The give away is when the Dems agreed that Lamar Alexander was going to be part of the effort. – it died right then.
So nothing is going to change. The republicans still run the government and the dems are only holding some of their seats for them. Weak, petulant, big talk – nothing.
Dems are just corporate whores.
Udall never said that. wtf are you talking about?
seriously, if they won’t even change the rules to try and end constant obstruction why should anyone bother to support them? So that we can continue to hear about how awfully obstructionist the GO-P-TEA crowd is? We know that. The question is – what are Senate Democrats – who still have a majority – going to do about it.
If the answer is nothing, then I know they are not at all serious about doing anything for the next 2 years that benefits human people. Come next election cycle, I’ll return the favor. Enough is enough.
DDay, thanks for keeping us aware of this important issue. This tends to confirm, though, what I’ve suspected for a while now: that almost 100% of the current Congress is utterly useless, and close to 100% turnover is an absolute precondition to meaningful change. Once the filibuster issue is resolved for another two years – which it soon will be, one way or the other – please switch to intensive coverage of another critical issue: primarying not just President Obama, but essentially all current Democratic members of Congress. Also please cover intensively the parallel approach: third-party efforts.
Likewise, close to 100% of the current media is unworthy of being listened to. I’m now getting most of my news from Al Jazeera, especially (at present) their Spotlight on Tunisia. I wonder how long it will be before they have a Spotlight on Egypt as well? Supposedly major demonstrations will be held there this week:
FDL’s own priorities in news selection have not exactly been above reproach. With your focus on the filibuster, your own work has been better than average here, but overall there’s a lot of relative overfocus on end-result topics, as opposed to the actual drivers of change (filibuster reform, replacing the current President and Congress, reforming the media, revolutionary overthrow of overseas dictatorships). The actual drivers of change should dominate coverage.
In particular, FDL has been woefully clueless about the fundamental significance of the Tunisian Revolution, currently still in progress, as well as its repercussions elsewhere. I know you did a piece recently, but it was never front-paged. For something as game-changing as this, there is only one appropriate level of coverage: multiple front-page articles every day, with multiple FDL regulars participating in their production.