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Aaron Belkin

Aaron Belkin

Posted: October 6, 2010 02:08 AM

With control of the Senate up for grabs next month, the Democrats have a rare opportunity to eliminate the filibuster, one of the worst and most anti-democratic features of the American political system. Democratic Senators should announce that whether or not they retain control of the chamber, they will no longer be governed by the filibuster. They should pledge that if they lose, they will not use the filibuster to block Republican legislation. If they win, they should ignore Republican filibusters.

No public policy proposal is perfect, and it is frightening to imagine a scenario in which Republicans regain control of the White House and both chambers, with the Democratic minority relinquishing its right to filibuster. That said, the elimination of the filibuster would do more good than harm and would allow Democrats to solve serious problems that will otherwise remain unresolved.

Consider that if the Democrats had eliminated the filibuster two years ago, they would have passed single-payer health care, stronger financial re-regulation, climate-change legislation, immigration reform, and card check legislation. And, they would have enacted a larger stimulus package that would have jump-started the economy and created many jobs. Because of the filibuster, none of these desperately needed measures saw the light of day.

The filibuster is anti-democratic, and allows a tiny minority of Americans to obstruct the will of the majority. More than two thirds of the public supports the repeal of "don't ask, don't tell," for example, but because Susan Collins decided to filibuster legislation that included repeal language, we will continue to enforce a policy that all but the fringe now agrees is unwise. In the early decades of the twentieth century, the House of Representatives repeatedly passed anti-lynching legislation, but a minority of Southern Senators filibustered the bills time and again. A small group of Senators, in other words, was able to block federal efforts to prevent vigilante mobs from hanging black people from trees. That is the legacy of the filibuster.

But what about the scenario in which Republicans regain control of the executive and legislative branches? Wouldn't the Bush administration have wrought even more destruction if the Democrats had not been able to threaten to filibuster extreme ideas like privatizing social security.

This is indeed a frightening possibility. But progressives should have faith in the validity of their own policies, as well as the wisdom of the American people. If Republicans enact more of their agenda into law, the public will hold them accountable. This is, in effect, what happened in the 2006 and 2008 elections. Because Republican policies, in general, hurt the middle class, while progressive policies help, we should have faith that if given the opportunity to make meaningful change (which would only be possible if the filibuster were eliminated), the Democrats would be rewarded at the ballot box and the Republicans would be punished. Not every time. But more often than not.

Under normal circumstances, it would be difficult to eliminate the filibuster. This is a unique moment, however, because no one can be sure who will control the Senate after next month's election. Hence, the Democrats can credibly say that if they lose the chamber, they will not filibuster Republican legislation. That credibility, in turn, will allow them to scrap the filibuster without looking like hypocrites if they keep control of the Senate.

In some eras, stability is more beneficial than change. In others, change is more beneficial than continuity. In the current historical moment, the problems we face are so serious that everything must be done to solve them. If we want to have a small chance of keeping the seas from rising, addressing the desperation of the underclass, fixing the badly broken health care system and putting the unemployed back to work, we need to eliminate the filibuster.

 
 
 
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03:40 PM on 10/08/2010
Getting rid of the fillibuster would not have resulted in any change. The entire notion assumes either party wanted to accomplish anything. Any real changes might have had real affect. Real affect might have meant the party in charge would get blamed. What we should change is the "party" system of government. No more parties equals no more partys. Make them vote on the issues, period!! ... perhaps from a solitary cell where their sole function would be to have to read the legislation, make amendments, and vote.
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You Are My Density
Independent--it's just ONE country.
04:29 AM on 10/08/2010
Hear, hear! Excellent article! Let's do it!
06:27 PM on 10/07/2010
You are right. The filibuster is the most idiotic idea anyone ever had in Congress. - And tehre were a lot of really stupid ideas in there!

It means that after the people voted for a majority a single person can by intent to fillibuster leave the whole government unable to govern. - As these past almost two years tought us.

It does not just give VOICE to the minorits. - It gives it the power to blackmail the government. That is not rule of majority as a democracy should have. It is the rule of treason against the people to gain power and funds. By threatening to make people suffer to get what someone wants he can make all of America stop in its tracks for weeks.

Washington fought and killed people who did that.
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DuncanONeil
11:48 AM on 10/08/2010
And when Democrats are the minority they do exactly everything you list in your post.

The original rules of the filibuster actually required that the member hold the floor and speak. The rules were changed to make it so all you had to do was declare a filibuster. Democrats actually hold the record for the longest filibuster.

Using cloture data reveals that the parties are nearly equal on the use of filibusters (408/498). Presuming all of them are a result of the same.

Then there is the thought that the minority party thought the issue in question was really not a good idea! Considering some of the stuff that has been hitting the floor of Congress this is understandable.
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lawyerfan
03:19 PM on 10/07/2010
I don't think the problem is the filibuster. The problem comes from the fact that the mere threat of filibuster has become the means by which republicans have repeatedly blocked needed legislation. If the rule were followed as it was originally intended, filibusters would be much less common, because those who decided to use it would be seen by the public on CSPAN, delaying congressional action and wasting time over objections that would appear unreasonable to a majority of people. The sparing use of the filibuster makes sense, but there should be a political price to pay every time it is used. Get out the cots. Then only the truly serious objections would result in filibusters. If the cause is really something the American people see as worthy of filibuster, its use will mean something. I doubt that republicans would filibuster merely to protect Wall Street hedge fund managers from having to pay income taxes at the same rate as the rest of us.
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pecosdog
this sht writes itself
02:22 PM on 10/07/2010
One problem with this scenario for the dems. It would require a senate leader with courage. We do not have that now.
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dizmo4
01:20 PM on 10/07/2010
Everyone needs to tell Congress to pass the Fair Elections Now act.  ( http://fairelectionsnow.org/about-bill)
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LouGots
12:07 PM on 10/07/2010
The very Constitution is "undemocratic," in that sense. The purpose of all those checks and balances, separated powers, and reserverd rights is to thwart majority rule. The Founders wrote ot that way.
12:01 PM on 10/07/2010
We all know what the Democrats should be doing. The sad fact is that they have squandered a once in a lifetime opportunity to effect change. Crudely spoken, they have no baitsem. They lack the courage and the moral fortitude to end the filibuster, just as they have continued to cave to every demand placed upon them by the opposition. I don't know who is worse, those who have robbed America's Joe and Jane of their government, or the Democrats who have allowed the tail to continue to wag the dog.
11:40 AM on 10/07/2010
yes, i agree there needs to be an end to "filibuster" but i also strongly feel that there needs to be an end to political parties. our representatives are our servants and as such should not be divided as "us" (liberals?) against "them" (conservatives?). especially since this system has become so polarized. what a utopian world to have the representative from ohio be the one serving ohio!! period.
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paulrandall
10:50 AM on 10/07/2010
Liberals have a problem here because the constitution stacks the Senate (and the Presidency) against us.

Because Liberals get most of their support in large urban states and conservatives in small rural ones Liberals are not now and will never be fairly represented in the Senate or the electoral college. At the end of the day the filibuster is more necessary for liberals than it is for conservatives because conservatives are always more likely to be in control.

Take the population of CA, represented by 2 Senators. Then start with the smallest state and keep adding states until the population equals CA. How many Senators does that add up to?

If not for the 100 votes in the electoral college, represented by the Senate. Al Gore would have won the 2000 election in the EC by 17 votes. Karl rove understands this. Only by permanently dissolving the Senate, and placing all legislative power in the House, which is a representative body elected by one man one vote will we have a real democracy instead of the sham that we have now.

Even if Democrats can hold on to a slim majority in the Senate that hardly means that it will be a Liberal majority that can even muster the 50 votes needed to pass anything that isn't seriously compromised.
10:06 AM on 10/07/2010
It takes a 2/3 vote to change Senate rules. Where are the Democrats going to find 67 votes to modify or eliminate the Cloture (filibuster) Rule? And if the GOP somehow gains a slender majority, where are they going to find those 67 votes?
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MDhome
lets make it a crime to lie while campaigning for
11:47 AM on 10/07/2010
Exactly!
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02:41 PM on 10/07/2010
At the beginning of the congressional session, senate rules can be modified by a simple majority(51 votes).
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ellexmarie
09:26 AM on 10/07/2010
Sorry, but I completely disagree. If the Republicans gain control of Congress, I hope the Democrats use the filibuster to block any of the stupid policies they are trying to impose.
10:16 AM on 10/07/2010
Yes..it's purpose is to balance power. And I'm glad you mentioned stupid policies-because that's exactly why the items mentioned in this piece were filibustered. And Skunkman-it's okay to say "NO" if you believe ideas being put forth are detrimental to your core beliefs. That's the bottom line here-there are two different camps, with two separate belief systems. It's nearly impossible to change "core" beliefs.
09:15 AM on 10/07/2010
good idea, but I don't think democrats would man up and decline to use the filibuster. I don't consider them to be much more principled than the republicans.
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jrmarsh
12:36 PM on 10/07/2010
Check the amount of filibusters used by the minority parties over the last 30 years and you will see just who has abused the filibuster.
08:59 AM on 10/07/2010
Now that is the award for the most under-thought idea of the day. The filibuster gives the minority power. It is a good thing. It cuts both ways and acts as it is intended: To slow the legislative process down. That is the purpose of the Senate. I hear these cries whenever liberals are not getting what they want fast enough, but when the GOP has control it is the weapon of choice to block any legislation. I guess this author is looking for majority rule--true democratic governance. Unfortunately, our representative republic gives minority states equal power in order to protect our system from being ruled by just a handful of the most populated states. I realize the next story from this author is how the electoral college must be abolished in favor of only ung the popular vote. I say keep the filibuster and add something else to slow down the legislative process. There are no pressing problems, except for imminent nuclear war, that can't require additional debate or time to put together good legislation. Considering what we've witnessed in the past 18 months, these Senators surely need the extra time to actually read the legislation on which they are voting. They obviously didn't do that on healthcare and financial reform and will, hopefully, pay the price for not doing their jobs in November.
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jrmarsh
12:37 PM on 10/07/2010
The Republicans have set records for filibusters, the Dems, not so much.
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Skunkman
old & decrepit
08:58 AM on 10/07/2010
I think a significant portion of the Democrats' strategy for this election should be on the Party of "NO" and how the GOP is wasting taxpayer money on their salaries by doing nothing whatsoever to contribute to the solutions we all need. So far it's only been the Democrats who are earning their paychecks.