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D. Brad Wright

D. Brad Wright

Posted: January 15, 2010 07:44 AM

The Senate Is Broken

What's Your Reaction:

When I was much younger, I liked to play card games with my Granny. I also liked to change the rules to my advantage as the game rolled along. For example, during a game of "Go Fish":

Brad: "Got any nines?"
Granny: "No. Go Fish."
Brad: "Got any sixes?"
Granny: "You already asked if I had any nines and I told you no. Now you have to reach into the pile and see if you can draw one."
Brad: "Nah uh. You get to ask three times before you have to go fish."
You get the point. What does any of this have to do with the Senate? Well, it all comes down to one word: rules. In my card games, I understood that changing the rules had the potential to change the outcome of the game. The same thing is true in the Senate, where rules like the filibuster stand as a major impediment to passing not only poor legislation, but almost any legislation at all. Now, my changing the rules mid-game is more accurately labeled cheating, and make no mistake about it, the accusations would fly fast and furious if the Senate were to change the rules when a bill with the magnitude of health care reform is under consideration. But in between games--at the start of a new session of Congress, say--changing the rules should be completely acceptable. After all, both parties will be equally constrained to operating in accordance with the changes.


And so, after health care reform has passed, the Senate needs to reform itself by doing away with the filibuster. No one elected official should be given the power to prevent a vote in the Senate, as is now the case. I am joined in thinking this by a large number of others--some of whom even have their own outlets in the media. I share with you their contributions to this issue now.

Norman Ornstein writes about Our Broken Senate in The American, and Ezra Klein really tees off on the subject here, along with interviews with Sen. Tom Harkin, Prof. Barbara Sinclair, Sen. Jeff Merkley, and Service Employees International Union President Andy Stern. Of course, all of this just begins to scratch the surface. The bottom line: The filibuster needs to be laid atop a funeral pyre, set ablaze, and pushed out to sea.

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When I was much younger, I liked to play card games with my Granny. I also liked to change the rules to my advantage as the game rolled along. For example, during a game of "Go Fish": Brad: "Got any n...
When I was much younger, I liked to play card games with my Granny. I also liked to change the rules to my advantage as the game rolled along. For example, during a game of "Go Fish": Brad: "Got any n...
 
 
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HUFFPOST SUPER USER
TheIndependenceParty
Cranky yankee and a rehabilitated ex-Republican
11:09 AM on 01/17/2010
I disagree, ... not with your frustration that a single senator can stall the process, ... but that he can do it by refusing to show up and vote, and speak.

The filibuster has a purpose, and sopmetime benefits the people, ... but not when it is done from the comfort of a chair by remote. Make them stand and read and tell jokes, ... as had been the case for decades. Do you see Joe Lieberman caring enough about anything to stand for 24 hours straight and read his mommy's recipes? Highly unlikely.

Make them work at it if they want to obstruct a bill!
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HUFFPOST SUPER USER
rougebaisers
06:40 AM on 01/16/2010
America needs to do away with the Senate since it is now little more than a corrupt body of corporately owned lobbyists with a title.
06:06 AM on 01/16/2010
"No one elected official should be given the power to prevent a vote in the Senate, as is now the case."

I can't help but wonder how the civil rights advocates ever made any progress when it only took one elected official to stop them.
Changes need to be possible, not easy. It is time to quit whining and do the work necessary to make appropriate changes.
06:52 PM on 01/15/2010
The Senate is broken and the rules need to be changed, this is not a left, right issue, the Republicans will be in power again one day so this will help the too.

In order to reignite the base the DEMS MUST do the following.

1) Campaign Finance Reform (the people who govern cannot all be rich)
2) Reform The Senate
3) Change the lobbing rules, for my money eliminate them (yes there are good ones, but they all have to go)
4) GET RID OF GEITNER SUMMERS AND EMANUEL (this will light an immediate fire and carry the DEMS to victory in the fall)
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HUFFPOST SUPER USER
rougebaisers
06:44 AM on 01/16/2010
5) Get us out of two wars now.
6) Treat women equally and stop eroding our rights.
7) Stop ignoring climate change and act upon it now.
8) Stop Wall St.
9) Do not pass this excuse for Health Care Reform without first regulating and controlling every related to health care, especially insurance and drug costs.
10) Stop ignoring the homeless.
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HUFFPOST SUPER USER
rougebaisers
06:45 AM on 01/16/2010
#1 Get America back to work!!!!!!
04:43 PM on 01/15/2010
LMAO!!!! Talk about wanting it BOTH ways!

Let's see, first we have a rational argument about fairness (quote)...

"Now, my changing the rules mid-game is more accurately labeled cheating, and make no mistake about it, the accusations would fly fast and furious if the Senate were to change the rules when a bill with the magnitude of health care reform is under consideration.

"But in between games--at the start of a new session of Congress, say--changing the rules should be completely acceptable. After all, both parties will be equally constrained to operating in accordance with the changes."

Okay, so at the very START of a new Presidency or Congressional session -- and BEFORE any new laws get proposed -- THAT'S when we can determine the rules. Okay, I'm basically down with that. Of course, I love that the writer THEN says in literally the very next line (quote again)...

"So, after health care reform has passed, the Senate needs to reform itself by doing away with the filibuster."

LMAO!!! I love that it's "AFTER health care has passed." So in other words, the REAL point of this article is "We should set the rules at the beginning to be totally fair. Uh... well... when I say "start", I actually mean AFTER I get something really, really big that I want. I have to get my way FIRST.

"But THEN we can set the rules."
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
04:55 PM on 01/15/2010
No the point of the article is DURING the HC debate dotn change the rules that would be cheating ...AFTER the HC but BEFORE the next item of the agenda change the rules so that Rep cannot fillibuster the next issue - back reform


I disagree cahnge it in the middle because it is not cheating - the rusle say taht if you have 51 votes you can change the rules - and the filibuster goes against the main rule - the constitution
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HUFFPOST BLOGGER
D. Brad Wright
05:10 PM on 01/15/2010
If all I really wanted was health care reform to be passed, I would want the filibuster gone before this legislation was introduced, or immediately for that matter. I'm saying (as Dnlmsstch pointed out correctly) that you can't go changing rules when something big is on the table. If you'll actually go back and carefully read what I wrote, perhaps it will "click" for you.
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WASanford
I think, therefore I am mad as hell!
02:14 PM on 01/17/2010
Hasn't anyone noticed that the Senate is dysfunctional? This isn't a game; it's about doing something about our plainly broken health insurance system that fails to serve the needs of the American people. Change or ignore the damned rules anytime it's necessary! Where in the he*l is LBJ when we need him?
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greysells2
grey cells matter
03:58 PM on 01/15/2010
The Senate is the main institution in America that is contributing to reality that America's ability to govern is severely compromised. The political system is broken for the moment and little of it has to do with Obama. However, a more expansionist Presidency is one option to fill the power vacuum. Political scientists will be looking at this era for decades researching all of the elements of the present political disorder. We need more adults in Congress.
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HUFFPOST SUPER USER
bthechangeyouseek
01:24 AM on 01/17/2010
Nice post. But I don't think "adults" will fix the issue. Getting rid of the corporate contribution corruption would be a good start.
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HUFFPOST PUNDIT
DRaymond
Network administrator, voiceovers
03:35 PM on 01/15/2010
All it would take for the filibuster to be changed is a majority vote of the senators. It is considered accepted law that as a parlimentary body no senate can committ a future senate to rules that would require anything other than a majority vote. The problem is that every senator understands that some day they will be in the position of being that critical 60th vote and having huge leverage.

There is also a way in which one person, Joe Biden, can eliminate the filibuster forever. The problem with most people taking senate rules to the Supreme Court is that they don't have standing. But the Vice President can say that the filibuster rule in effect eliminates his authority to be the tie-breaking vote in the senate. The constitution makes it pretty clear that the approval of half of the Senators, plus the Vice President, is all that is needed for a law to pass the Senate. Any rule that places a higher standard, particularly one which makes the Vice President irrelevant, is unconstitutional.
04:36 PM on 01/15/2010
Whew!!! Why hasn't this point been discussed more???
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
04:47 PM on 01/15/2010
Because Joe B is a product of the senate and will act to protects its privaleges
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HUFFPOST PUNDIT
tralbry
08:27 PM on 01/15/2010
>>. The problem is that every senator understands that some day they will be in the position of being that critical 60th vote and having huge leverage.

This I don't get. How would it be any different if they knew they had the same kind of leverage because they'd be the 49th or 50th vote (assuming there's no filibuster)? I realize that the VP is an extra vote no matter the count.
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WASanford
I think, therefore I am mad as hell!
02:34 PM on 01/17/2010
Article 1 Section 3. "The Vice President of the United States shall be President of the Senate, but will have no vote, unless they be equally divided."
02:57 PM on 01/15/2010
The senate is but a sympton of a much larger problem which is the bipartisan corruption within a limited two party for profit democracy. No matter how stupid and corrupt both parties are they will always alternate power because they are the only choices available so when people get angry at the governing party they vote back in the rotten alternative.
02:52 PM on 01/15/2010
taking away the Fillabuster would just enable true Majority Tyranny

HOW PERFECT for a Suddenly Corporate Communist Democratic Party to try and become a ONE party system like in China, Russia, Iran, N. Korea, And many African Nations!
02:59 PM on 01/15/2010
Better Majority Tyranny than Minority Tyranny, it's more democratic. At least, the majority represents, obviously, the majority of people.
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
03:12 PM on 01/15/2010
Corporate Communist? ok I will ignore that one

It is only majority tyrrany when you are in the minority -because buddy the last 8 years were minority tyrrany becasue bush naver had a mandate and the democrats won large majorites in both houses and the executive - the people voted for the agenda
02:35 PM on 01/15/2010
Perry & Hutchinson unaware of DEATH PANELS in Texas for past 9yrs!

http://bit.ly/4JV1RX
02:19 PM on 01/15/2010
I can't help but wonder if maybe.......just maybe, campaign finance reform might help fix a broken senate.

I would think it would be a little hard to stand on the senate floor and state for the record that

"the reason I don't like this bill currently before the senate is because my corporate sponsor would lose billions of dollars if it passes."

Money talks, and the legislature listens, and acts accordingly.
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
02:30 PM on 01/15/2010
you could never get campaign finace reform trough the senate without ending the filibuster first - imagine what ben nelson, max bahcus and joe lieb would do if you tried to end corporate their corporate sponsorships
02:53 PM on 01/15/2010
taking away the Fillabuster would just enable true Majority Tyranny

HOW PERFECT for a Suddenly Corporate Communist Democratic Party to try and become a ONE party system like in China, Russia, Iran, N. Korea, And many African Nations!!

How is the weather in China right now?
HUFFPOST SUPER USER
ProudLiberalDan
Standing up an fighting conservatives since 1987
01:36 PM on 01/15/2010
From the proud left -- I like the protection of the filibuster. It kept the Republicans from passing laws privatizing and destroying Social Security and Medicare.

What I prefer is going back to the old form of filibuster -- where the Senators actually HAD to filibuster. Senators who are forced to sleep on cots and pee in bottles will only do it sparingly on what matters to them. It won't be done arbitrarily.
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
01:46 PM on 01/15/2010
No it didnt SS and Medicare reform wre not stoped by the filibuster they dies in the republican house when they turned out to be really unpopular - the only thing that it was used for during 8 years of bush was to stop miguel estrada and acouple of other radical conservatives that were so radical taht moderate republicans could not support them - If we had used the filibuster then maybe i could support it (I only support the filibuster for judicial appoitments for the sake of intelectual consistancy) we didnt we stoped them with electoral politcs and now the filibuster is only being used by corporate dems to betray the party. END IT NOW
02:54 PM on 01/15/2010
taking away the Fillabuster would just enable true Majority Tyranny

HOW PERFECT for a Suddenly Corporate Communist Democratic Party to try and become a ONE party system like in China, Russia, Iran, N. Korea, And many African Nations!!

You just want what the CHURCH has always wanted!
Centralized Power in the hands of ONE person, like "GOD".
02:16 PM on 01/15/2010
Fillibusters don't stop Republicans. They pass whatever they want to pass by reconciliation. It is either Democrats start doing the same or we should scrap the concept altoghether. Let whatever party in power pass legislations other than Supreme court through majority of 51 votes and let the country decide whether the legislation is good for them or not. If it is good, they will re-elect them if not, they will boot them out. Imagine if Democrats were able to pass Public Option and Medicare buy-in by 51 votes? Look at Children Health program, it was passed by reconciliation and look how popular it is now.

With filibuster, minority party prevents you from legislating, then campaigns AGAINST you for failing to legislate. It is a retrogressive way of governing.
01:35 PM on 01/15/2010
Remember the Filibuster is used by both parties.

Guess what?, the DEMS may not be the MAJORITY in 2 yrs time, so it goes both ways.
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
02:42 PM on 01/15/2010
i am willign to give enough rope for republicans to hang themselvs - The only use for the filibuster that is appropriate is on JUDICIAL nominations - life time appointments are serious - everythign lese can be reversed
04:00 PM on 01/15/2010
I just wish they would hang themselves sooner, i can't take the b.s anymore..And the dems back down all the time, We are all screwwed. The working class i mean. More taxes on health care and still nothing good about it. They put it to us again. there won't be a middle working class pretty soon. Maybe those senators that don't care can earn enough money to support the working class. But i doubt it. 5% of the senate are millionairs, and 1% of americans are millionairs, is there something wrong with this picture, I thougt we paid their salaries. Time to start cutting back at the top...
12:47 PM on 01/15/2010
The Senate IS broke.

59% of Americans oppose their health care bill and yet they still try to push it through by buying votes.

That is broke!!!
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
01:42 PM on 01/15/2010
60% wanted a public option on this bill and did not get it - because of the filibuster - with a public otion the aproval rate for the bill goes to almost 70%
02:52 PM on 01/15/2010
oh PLEASE STOP LYING!!

the Public option was removed because Insurance TOLD OBAMA TO DROP IT!!

how much you being paid to lie?
03:56 PM on 01/15/2010
Well the dems gave into the republicans Who could really don't care about anyone but thier own pockets
Why should we also forgive the debt of Haiti? Has anyone forgiving our debts?
I realize they mneed help but so do us americans. They blew it on health reform , to find out we're going to pay additional taxes? What the hell is going on. There will be retaliation from the americam people, Just wait and see.
10:06 AM on 01/15/2010
Its sad how people blame just 1 party, both parties have been the cause of the problems. For the past 100 years, there has been nothing but usurpastions of our Constitution. So many people have no clue what the document says or what the meaning of it is. Most people today have never read the Constitution convention or ratification debates. So how are they to know what is right or wrong or when Washington is over stepping its authority. Until the people educate themselves, nothing will ever change. It will just be the blind, leading the blind, no matter what political party you support.
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
02:40 PM on 01/15/2010
Necessary and proper clause interstate commerce clause the 14th amendment and aplication of federal rights to the states and the general welfare clause - Strict contructionists like to gloss over the parts of the causetitution that is inconvinent - the founding father intended for the constitution to be cahnged (the ammendment process) and for it to be open to interpretation - the jefferson hamilton debates

I you ever took more then high school level history or constitutional law you would understand that the founders would were not stric contructionists - even jefferson used the cluases that he opposed to justify the luisian purchese and other actions
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HUFFPOST PUNDIT
tralbry
08:59 PM on 01/15/2010
The Constitution was a great document of its time but rigid ideology is a curse. Unbending idolatry of it to the point of religious zeal is fanatacism. An example, and this will not likely ever change: The Senate as the so-called "upper house" is in theory meant to stifle too much populistic wavering of the House. This was partly overreaction to the bloodiness of the French Revolution and a fear of what the common folk can do when pissed. Of course, the most direct and reflective democracy is represented in the House, not the Senate. So the founders create 2 Senators for every state, all 13 of them. There were larger population center in NY and MA and VA for sure but the distribution of population was NOTHING like it is in the discrepancy between WY and NY today. Or NE and CA. Yet all 4 states have equal representation in the Senate which is plainly ridiculous.

Let's face it, the founders created a nice foundation and in theory it can be changed thru amendment but in modern times there are SO many factors that make it nearly impossible, from massive media that reinforces the status quo to unanticipated rise of corporate power over politics to the general comfort of a population that is pacified by by electronic toys and entertainment.

People like to fret over minor incursions to the holy writ of the Constitution but the needed BIg Changes need go without so much as discussion.