There is a certain irony to watching Senate Majority Leader Harry Reid (D-Nev.) and Senate Minority Leader Mitch McConnell (R-Ky.) argue about filibuster reform. After all, up until fairly recently, Reid was so committed to institutionalism, he opposed even minor changes.
But as we were reminded yesterday, watching the two leaders face off on the Senate floor, Republicans haven't given Reid much of a choice.
What's striking about McConnell's defense of obstructionism is how weak his arguments are and how quickly they fall apart after minimal scrutiny. The Republican leader has completely destroyed the way in which the Senate was designed to function -- and the way it functioned for two centuries -- but nevertheless has the chutzpah to whine that Democrats are pursuing a "naked power grab" that would "poison party relations."
Ezra Klein had a good piece yesterday, documenting McConnell's "biggest whoppers" on filibusters, which suggest the Republican is either confused about the institution, its rules, and its history, or he's not yet prepared for an honest debate on the merits.
Indeed, perhaps the most important disconnect in the current debate is the way in which Republican apoplexy is wholly unrelated to the changes Democrats appear poised to pursue. To hear McConnell tell it, Reid and his caucus are going to make "fundamental" changes, intended to silence the Senate minority, and clear the way for a chamber in which "a bare majority can proceed to any bill it chose."
If Reid actually intended to make such sweeping reforms, we could at least debate the changes on the merits. But McConnell is decrying an agenda that does not exist in reality.
After all, what's really on the table? Greg Sargent reported late yesterday:
On the Senate floor today, Harry Reid offered the clearest confirmation yet that he will move forward with filibuster reform at the start of the new Congress. He confirmed he is proposing to "do away with filibusters on the motion to proceed," which was already known. He added that under proposed reforms, Senators who want to filibuster will have to "stand up and talk about it." That means Reid supports the "talking filibuster," the proposal to force filibustering out into the open -- on the theory that this will make it politically more difficult.
The only other proposed change I've heard about is an effort to reduce the time it would take to end a filibuster, which is also a fairly minor shift.
Taken together, the package of reforms is incredibly modest. The "talking filibuster" doesn't even require a change in the rules -- it can happen now -- and scrapping filibusters on motions to proceed effectively means the minority won't be able to prevent a debate before a bill reaches the floor.
To put it mildly, those seeking major changes will find these reforms entirely underwhelming. Indeed, the same problem that exists now -- an effective, majority-rule institution has been transformed into a dysfunctional, mandatory-supermajority institution -- will still plague the Senate even if Reid's ideas are adopted.
Given all of this, it's not even clear why McConnell is whining so incessantly. He and his caucus have brought obstructionism to heights unseen in American history, and Democratic reforms would still allow the GOP to keep blocking every bill they don't like. The "rights" of the Senate minority would be largely unaffected; we'd only see a slightly more efficient chamber, in which Republican filibusters would come about more quickly, and be more dramatic once attempted.
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But don't you understand? It is the fundamental right of the Republican's to get their way or they will hold their breath until they turn blue.
Now if Democrats could do get Republicans to hold their breaths until they turn blue, and then goad each of them into holding their breaths for ten minutes beyond that . . .
As though brain death would stop them. Hasn't slowed them down yet.
This blame-the-duplicitous-GOP themes certainly has merit because every last GOP senator will oppose it.
But look at the legislative reality. Senate rules reform are so inconsequential that the Senate will still require a supermajority for any legislation the GOP cares enough about to obstruct. Klein acknowledges this, but suggests that the GOP will not be motivated enough on some legislation to tough the more difficult pathway to obstructionism.
Let's be realistic about the key challenges facing America. Given their well paying backers, the legislation the GOP will go to the mat for is a fairly large set. It at least includes anything having to do with meaningful reform of Energy, Wall Street, or meaningful "Peace divident" reduction in military spending.
Let's be realistic about the reason the proposed set of reforms as modest as they are may not have 51 votes needed for passage. Meaningful reform will go down due to Democrats voting against it. The argument these turncoats use is specious and needs to be confronted. It goes like this: "Just wait until the shoe is on the other foot- then you will see the value of the Senate rules which protect the interests of the minority."
Harry Reid an obstructionist during the Bush years when he fiercely blocked right wing judicial nominations. What Bush was supposed to learn from Senate use of the veto was that he would have to moderate his appointments. Bush chose to stonewall. What Frist was set to do in February 2005 was change the rules so that a simple majority could pass judicial appointments. The only reason Frist was unable to carry out this strategy was that there were enough moderate republicans to join a group of Senators (known as the gang of 14) who would block this rule change and and fillibusters except under extreme circumstances.
That's how Bush won and got Justice Alito made it onto the court. This is the scenario that centrist Dems point to about why we should only engage in modest reforms of Senate rules.
The reason it is nuts is that there are no longer and moderate GOP Senators to join a similar Gang of 14 group. They have all gone the way of Richard Lugar and the old John McCain in the new GOP.
Democrats are engaging in willful self delusion. The reality is that the Senate will require Supermajorities when the Democrats are in power, and simple majorities will be required when the GOP is in power. Do we really have to go through 4 more years of disfunctional governance to convince centrist democrats of this reality?
Let's have some more coverage of this Democratic centrist delusional thinking on opposing significant Senate rules reform that Ornstein and Mann advocate.
Unless I'm mistaken, the GOP decided a while back that compromise was no longer an option for getting things done. Mr. Reid should only take them at their word.
I'm for this. Transparency is the best way to go. If Senators have a valid argument about something, I want to hear about it.
That is quite refreshing to hear, Shooter, and I applaud your support.
Historically, though, filibustering Senators rarely stick to talking about their "valid arguments" - Indeed, quite aften there are none. More often, they are reading from the phone book or some such thing to keep the filibuster going, and wear out the opposition.
Hear Hear! make them actually work for a living
Yes it would be nice if we could make them debate the bill instead of the phone book, but at least it will be harder to hide while blocking everything the other party is trying to do. Now if we can make sure that they don't pass a rule that allows the talking to be done off camera.
we want the transparency to begin and obstructionism to stop. I'm with Dragoon, no more free stuff for these do nothing senators. Free stuff like pension, salary, and health care for life. No work, no pay. Sauce for the goose, gravy for the gander. It's duck season.
There should also be a change in the vote to continue debate. Instead of the 60 to end debate, it should be 40 to continue. Then those that say that delay must occur, have to be there. They do not get rewarded for being out of town. If it is important enough to delay, it is important enough to be there for.
Awwwww...., ain't that cute. Somebody's feeling left out and irrelevant, and needs some attention.
The last time that Reid went down this road McConnell promised Reid that the Republicans would only use the filibuster on important issues. We saw where that got us.
The Republicans have been EXTREMELY adept at using procedural methods to obstruct legislation they did not like.
WHEN will the Democrats learn?
They've been like Charlie Brown and the football--Lucy promises she won't pull it away this time, and then she always does...
Mitch McConnell is no friend of the truth!
I find it difficult to even watch and listen to this man who is so given to the need to lie, obstruct, and whittle down common sense. An entire illustrated chart of his moneyed connections should be posted on the interwebs as soon as someone has the time to post it!
Make it fun, using a turtle shell as his central location connecting to whatever hidden vested interest he actually represents in our Congressional upper chamber. Superimpose his terrapin face upon the shell to make his mug the central identifying optic. Make his face morph a bit!
Anyway, what state is this relic from? Do the Americans living in Tennessee find humor in hoisting this monstrosity upon us? Or is it Kentucky? -Kevo
"a bare majority can proceed to any bill it chose."
Umm. . . I'm not a history scholar but isn't the Senate supposed to function on a bare majority with very limited exceptions. McConnell is effectively saying "hey this guy is going to make the Senate function how it's supposed to, he may as well be a dictator."
As long as the Dems have 51 votes when they change the rules in January, this all should happen, right? Or am I mistaken? Because it seems to me that rather than give speeches about it now, Reid would do better to say nothing more on the subject until the vote gets brought forward. The Republicans aren't interested in meaningful communication anyway, so just steamroll them.
That's assuming that for once the Democrats show the same iron Party discipline that the Republicans have for the past four years.
We will know on day one. Write your senator and any others you can think of.
Mitch McConnell is the epitome of a corrupt, unprincipled robber baron and scoundrel. The democrats in 2014 must view his ouster as priority #1.
I do hope Reid sticks to his guns, and eliminates the use of a filibuster to prevent a bill from even being debated.
This is the best chance the democrats have at this point in time to circumvent the obstructionist strategy of the men who own the GOP.
I said this yesterday --
To keep the Repubs honest and their feet to the fire, Reid should also change the rule for further rule changes so they can be made by 51 votes.
Hold this in reserve, if the Repubs continue with their obstruction we could change the rules more later. The Senate can always go back to the old rules in a later Congress after the Repubs rediscover the value of compromise.
Also, why isn't Reid changing the rules (the number of votes required) for confirming appointments, cabinet officers and Supreme Court Justices, etc.?
The Repug act is getting old. They don't want the country to prosper, they simply want to extend corporate give-aways under the veneer of patriotism.
"Given all of this, it's not even clear why McConnell is whining so incessantly."
Actually it is clear, McTurtle knows that there really are no "arguments" to make in defense of opposing policy positions that his constituents actually agree with the majority of the American people on - so there's nothing left to do except "whine to the people" hoping that they will be so confused they'll demand Sen. Reid cave in to GOP demands! Just think about it, what new arguments can be made for keeping the Bush tax rates when the rational - "job creators" has been a proven loser with the American people! What new arguments can be made to keep Defense spending high when even the military has conceded that they don't need or want the equipment being bought?!
No, these secret "holds" and threats of filibuster won't be able to stand up to the light of the truth and the GOTP will be shown for the strawmen to the 1% and the traitors to working Americans that they really are! That is what McTurtle wants to avoid.
Whatever happened to the republican mantra of simply giving each bill an up or down vote? I can't remember the last time I heard McConnell argue for an up or down vote.
Mr. President, the filibuster is a critical tool in keeping the majority in check. This central fact has been acknowledged and even praised by Senators from both parties. It encourages moderation and consensus. It gives voice to the minority, so that cooler heads may prevail.
pasco,
used as INTENDED, your statement above is correct.
but not as the repubs have used the filibuster since Nancy Pelosi became speaker. they have used it to obstruct with a record # of filibusters.
THEY HAVE ACTED LIKE THEY ARE THE MAJORITY, and President Obama and the democrats be damned. all this to try to make President Obama a one term President.
that is NOT the reason to use the filibuster recklessly as repubs have.
I'm trying to remember an old saw about how something or other only flourishes in the shadows and cannot stand the light of day.
Somehow McConnell keeps bringing it to mind.
Democrats want talking filibusters because they know that if you have a group of Republicans talking nonstop for any significant duration, one or more of them is bound to say something staggeringly uninformed and offensive about rape.
I bow to the master. This comment wins the Internet for at least today.
It’s about time the Democrats do this and pass laws. The Republicans have used this dirty tactic for too long and now it's time to do away with it. Go, Sen. Reid it's about time you stood up to that no good Sen. from Kentucky. Pass some laws that will help the little people for a change and stop helping the rich like the Republicans always do. It's nice to see a few Republicans have said they won't sign a Norquist pledge not to change the tax laws. I would love to see what these Republicans would say if the Democrats signed a pledge to raise tax like the Republicans did. The reason South Carolina is so poor is because the tax rates are from the 1970's and that's why there is no money for anything here, that's why the jobs pay $ 7.50 and $ 8.00 an hour, also that's why so many people live in trailers there is no money for the little guy. All the money goes to the top and never makes its way back down. Keep voting Republican and you'll more of the same.
I think they should change the rules - and the terms under which a minority can prevent a bill from moving forward.
Simply change the requirement from 60 votes to proceed to 41 votes not to proceed. That forces the opposition to keep all 41 members on the floor. This is better than forcing them to take turns talking as it forces all of them to be present – not just one at a time (Imagine all of them stuck on the floor – unable to fundraise for days at a time).
Then take a play from the republican playbook and rename that new motion not to go forward as the GRIDLOCK motion. That forces 41 minority members to vote YES ON GRIDLOCK! Over and over again. Imagine the campaign ads their next opponent can run!
When AREN'T the Republicans 'outraged'? For cripes sake. Just make the changes and let the chips fall where they may. As a poster once said 'Follow your dream; follow your heart. Fish gotta swim, birds gotta fly, wingnuts gotta nut. Whatever.'
I want to see good old-fashioned stand up and argue your point filibusters. My thinking is that there aren't but a handful of republicans that are actually interested in doing the real job of being senator and McConnell isn't one of them.
I do wish Senator Reid was not being so sensible. I wish he would really ramp this up -- I do like the suggestion of JGWfromMN that 41 votes be required not to proceed.
And to name it GRIDLOCK, requiring them to vote for gridlock, would be just a lovely kick in the shins . . .
Hey Rachael - Why not put a scoreboard up on your show, showing how many Democratic Senators have declared they are FOR or AGAINST going back to the old filabuster rules vote in January? Then we can pummel the offices of the Democratic Senators AGAINST until they see the light.
McConnell knows exactly what he is saying and doing. His problem is that he let partisanship take over the Senate chamber on every bill and now the bill has come due for the obstruction. The Republicans are practicing feigning outrage in advance of the new session to turn up the heat on Dems. But the Republicans would be mistaken if they think the public cares or supports their position on the filibuster. The public has had enough. McConnell and the Republicans are crying wolf again. And we all know how that story ended.
C’mon Mitch... tell everybody the REAL reason you refuse to work with the Democrats...
"The impenetrable stalemate on crucial issues is not due to a widening ideological divide between parties, as we once thought," said Brookings Institution senior fellow Sarah Binder.
"Rather, this inability to move the legislative process forward stems almost exclusively from a jealous and resentful McConnell, who has been unable to erase the mental image of Harry Reid wildly pleasuring his wife one night some 25 years ago."
"It's been the elephant in the room for decades. "Unfortunately, our democracy continues to suffer the consequences."
Congressional insiders, who confirmed they were glad to finally have all the tension out in the open, said the rift began when the newly elected Reid met McConnell's wife at a Capitol Hill cocktail party shortly after the 1986 midterms, an encounter that eventually led the pair to a...
http://www.theonion.com/articles/sources-harry-reid-sleeping-with-mitch-mcconnells,18720/
Senators should stand to filibuster. In 1993 one senator did change the Senate's mind.
n 1993, the Illinois Senator made headlines when she convinced the Senate Judiciary Committee not to renew a design patent for the United Daughters of the Confederacy because it contained the Confederate flag. The patent had been routinely renewed for nearly a century, and despite the Judiciary Committee’s disapproval, the Senate was poised to pass a resolution sponsored by Senator Jesse Helms of North Carolina that included a provision to authorize the extension of the federal patent. Moseley-Braun threatened to filibuster the legislation “until this room freezes over.” She also made a plea to her colleagues about the symbolism of the Confederate flag, declaring, “It has no place in our modern times, place in this body, place in our society.” Swayed by Moseley-Braun’s argument, the Senate rejected the UDC’s application to renew its patent.
Writing this while listening to Creedance do "Midnight Special." What a great rendition.
My disdain for these Republicants overfloweth. This is really pissing me off.
The filibuster is supposed to be to allow minority party to be heard, perhaps have an argument that might persuade others.
Taking it to its extreme, to completely grind the business to a halt they are elected to do. NOT serving the people is now being used to prevent business from happening.
Let it be known, they are not serving the people. Just the attempts to slow and stop some folks from voting is an assault on democracy. Yes, they are assaulting us punishing us for voting against them. Get rid of these wackos!
The House wants to hold us hostage again and the Senate does not want to confirm any federal judges or cabinet appointments. These "people" are lower than the stink scraped off the bottom of a shoe.
S&P lowered the U.S. credit rating (hello-are you thinking? raising the interest rate on debt) Those of you voting and cheering for this behavior really need to ask what can WE gain doing this?
I am so tired of the b.s. offered to the electorate in the guise of "public servants". They do NOT serve the public, just listen to them. Privatize this, deregulate that. They serve lobbyists making money off the public, not the public. When are people going to reject this nonsense of privatizing and deregulating, holding economy, workers and the public in general as hostages?
We can't let them make their own rules. Tell them they have to stop trying to blow up the government. I hope there are reasonable Reps that will tell their elected officials to stop using these power plays and trying to embarrass our President. We have to stop this b.s. filibuster and hostage taking.
The people want government to do the work and get stuff this done.
What can the Senate do to stop the "debt crisis" from being used as weapon against us? Let's do something to stop all this garbage. Why do people keep electing these fools?
We elect a majority to be a majority...not to be overridden by the minority. Let the elections decide not the senators.