Call It What You Want, But Kill It

Old school Senators might call it Rule 22. More recently it's been referred to as the the need for a 'Supermajority'. However it's more common name is the Filibuster. Put simply, the Filibuster is a Senate procedural rule whereby the minority can use various procedures to draw out, delay and obstruct a piece of legislation, ideally to the point of stopping it.  There is a good article on it on Wikipedia, it's a bit dry, but interesting.

Initially this rule required the opposition to basically takeover the floor of the Senate with speeches and whatnot in a constant stream of noise, thus preventing any other legislation from being discussed, functionally shutting down the Senate until either they ran out of steam or the other side caved. Then in the 1960s a Two Track system was devised that, with unanimous consent or agreement between the Majority and Minority leaders, a Filibustered bill could be set aside to deal with other pressing matters, so the Senate would not be completely stopped, though that particular bill would be in stasis. This didn't prevent the 1964 Civil Rights Act from being Filibustered for 75 hours, including a 14 hr 13 min address by Senator Robert Byrd. At least this type of process requires everyone to stay on the job and it became an endurance test to see if the minority could hold the floor 24/7. But it's been simplified recently to allow the minority leader to simply tell the majority leader that they intend to Filibuster and all discussion stops until or unless the majority can find 60 votes to override it. A questionable change, to be sure.

Now I can see how this option is a useful tool for the minority when they feel a specific piece of legislation is a really bad idea and therefore they have to take extraordinary steps in an attempt to stop it or at least delay as long as possible to try and change a few key votes. By and large this is how the Filibuster was used for much of its history. Until recently anyway. Use of the Filibuster began to rise throughout the 20th century, but it wasn't till the 1990's that it began to edge into the sphere of abuse. Yet it didn't reach the current level of pathetic stupidity till the Republicans began losing control of Congress in 2006. The current session of Congress has already more than doubled the use of this Senate rule . . . and this session is not over yet!

What it all boils down to is that the Republican party was scared silly after the 2008 elections. They were terrified that Obama and the Democrats, who were voted into power by a comfortable margin, might actually accomplish something and continue to gain popularity. So they took a rule designed for special use and began applying it in virtually every single debate. Even going to the extreme of using it to stop legislation from simply coming to the floor for discussion! It's hard for me to imagine many instances for legitimately obstructing the mere discussion of a proposal. Yet this is where we find ourselves today. A forty one vote minority in the Senate , forty until last month, has decided that it is politically vital that no Obama supported proposals pass. Period. Call me a radical, but that is not a good enough reason to bring the Senate, and by extension Congress as a whole, to a complete halt. It is not an exaggeration to say that this has never happened in the history of the Senate. Individual bills here and there, yes. Throwing roadblocks up for just about every major bill for over a year and still counting? Never.

If you were reading carefully you will have noted the use of the word 'Rule'. That's because the Filibuster is not a Constitutional Senatorial structure, but rather a rule created by the Senate itself. Therefore it can be changed by the Senate and indeed has been modified a number of times throughout its history. Now is another one of those times. The Filibuster was never meant to allow the minority to bring Congress to a halt each time a bill was introduced. It was a special use option, not a standard procedure. The only thing that makes it even possible now is the absolute, lock-step voting block that is the GOP. The Senate Republicans have managed to lock up every single GOP vote, for almost every single piece of legislation. And they vote 'No' with that block on anything that President Obama supports. It is unheard of for a single party to hold together like this on vote after vote and issue after issue. It is stupid and it is illogical. Are we to believe that every single piece of legislation that Obama supports is bad? Really? Even under Bush, some Dems voted for Republican bills and vice versa. It is not believable that ALL Republican Senators agree on every single issue. It is obviously political gamesmanship of the most dishonorable sort. This has become more obvious as Senator after Senator is being caught vocally shouting down ideas that they, themselves supported only a short time before. One of my favorites is the so called 'PayGo' legislation. It declares that Congress cannot enact legislation without also including a way to pay for it. It's an idea that will shock many. Not because of the bill itself, but from the realization that this isn't standard procedure! Guess that would explain the ballooning deficit since this practice was stopped during G.W. Bush's tenure. In fact, this was a major part of what gave us budget surpluses during the tail end of the Clinton administration. PayGo is the kind of idea that should send a sensual thrill through anyone who calls themselves a Fiscal Conservative. In fact, many Republicans have spoken out in support the idea in the recent past. Or they did before Obama lent it his support. Shortly thereafter, GOP support vanished like a lobbyist at a press conference.

It can only be assumed that the GOP feels the success of their party in the 2010 mid-term elections is far more important than minor things like uninsured Americans or debt reduction. Oh, they talk about these things, incessantly, But they just don't do anything about them. If they did, they would have to engage the Dems and the Administration in actual . . . (gulp) dialog. Then they would be open to attack from the ignorantly conservatives out there who have convinced themselves that if Obama likes it, then it must be (gasp!) Socialism!!! The GOP made this particular bed with meticulously crafted hospital corners and now they can't get out of bed at all. If they do their jobs and work with the Administration, they anger their base, hence the perpetual Senate Fillibuster. So we are left with a significant, though still minority portion, of our legislature that has taken to misusing the tools at its disposal for transparently political reasons. Much like a child using a jackhammer to hang a picture. And like that child, it's past time to take that tool away from them before they cause any more damage. They've abused it beyond any rational point, so it's time to revoke it and move on. Someone has to govern in a time of war and economic hardship and if the GOP is unwilling to do so, then Obama and the Democrats will have to do it without them. To do that, the Filibuster MUST DIE.

Write your Senators and let them know how you feel. Tell the Republicans that it's time to do the job they were hired for and tell the Democrats to stop wasting time and remove the one tool Republicans have continually used to jam the machinery of government.

The Year of Us & Them

It's been a long year politically, no matter what side of the aisle you prefer. It seems like every single issue became a sharply divided fight. That in itself may not have been exceptional in our nation's history, but it was more than just partisan wrangling. I have to wonder how long it's been since Congress has exhibited gridlock of this level. I've certainly seen times when there were nasty political fights, but I don't recall another time where things had devolved to this level of stupid.

I know it seems that I am looking at things through Democrat glasses. I'll admit there is a bias that I am fully aware of, but this is not simply a case of a liberal viewpoint. What makes this last year different is the way the Republicans have chosen to approach the Obama Presidency. Not by pushing their own bills, but simply to sit in the stands and vote 'No' on pretty much every vote. No engagement or discussion. They just vote 'No' on any legislation proposed by Democrats and especially anything supported by the President. Then they run outside and make speeches for the cameras and blogs, decrying the partisanship of the process and how Democrats are ignoring the will of the people. It would be a losing strategy if not for how easily the American public can be baited and tricked into impatience and outrage. As the old saying goes, you get the government you deserve in a democracy. This is how the Bush Administration managed two terms. They masterfully wielded the 'fear' card to diffuse any public backlash that might arise from the careful trimming of civil liberties and massive military expenditures.

I have to give the Republicans credit for their ability to hold together in a solid phalanx on any issue. It's this ability that has always scared the hell out of me about the party. The Democrats have always been more fractious and prone to inner discord. I'd say it's more 'free thinking'. But the Republicans have this 'Children of the Corn' ability to band together as if they are all of a single political mind. I often wonder how they manage to force their more moderate members to follow along. Perhaps simply by threatening their re-election campaigns? Maybe they're threatening their children? I don't know, but whatever it is, it's certainly effective. The synchronized voting wouldn't be so worrying if confined to the occasional issue, as in the past. But when used across the entire Congressional term, that's when things have gone over the edge. What that tells me is that the choreographed voting has nothing to do with individual beliefs or considerations and everything to do with what they are told to do. This should be unacceptable from either party. It invalidates the whole idea of campaigning for office. Since all Republicans are functionally identical, why should anyone care what their name is or what they supposedly stand for? All we would need to know is if they can read, write and follow instructions. No active intellect required. Certainly simplifies voting.

Government is more than the competition between a couple of static political platforms! I remember issues in the past that tended to polarize Congress, yet even then you would see the odd Dem or Republican cross the aisle to vote their conscience.  But this last Congress has become nothing more than a schoolyard at recess. One side is so defensive about being the smaller group and so worried that the other side might do something that is popular that they're sulking in the corner and refusing to let anyone play. I have never been so disgusted with my government as I am now. And it's not because the Republicans won't rubber-stamp Obama's policies the way they did for Bush. It's because they won't even engage in the discussion. They spend more energy talking to the camera, Tweeting and posting inane comments on Facebook than they do in any kind of conversation with Democrats. They have taken the filibuster to heights undreamed of in the previous history of our nation. After holding fairly steady for decades, the number of attempts to block even the introduction of legislation has DOUBLED in the current session of Congress, and this session is far from over yet. In other words, the minority party has fought every single action by the majority party from day one. This is far beyond policy disagreements. This can only be a concerted effort to stop anything the President proposes. Not because it's questionable policy, but as overall political gamesmanship to make Obama and the Dems look ineffectual. Admittedly the Democrats are scarily good at this on their own. Put simply, Republicans have shown quite clearly that the needs of the Nation take a back seat to the needs of the party. The Republicans are too busy trying to discredit the majority party to notice that the building is on fire. This cannot continue.

The icing on this cyanide laced cake is that so many Americans don't seem to see or even care. We have historically looked to the government, right or wrong, for leadership in tough times. When things are at their worst we tend to follow anyone who speaks with authority. So without thinking things through, Americans have essentially ceded control to the loudest cry. Currently that is the Republican party. Even though it's a whiny, self serving screed. Yet the American public follows along the way they are told; they get angry at what they are told they should be angry about. Over and over they are manipulated with sound bites and corporate sponsored misinformation campaigns. Verifiable lies are allowed to not just sit unchallenged but are made the centerpiece of supposed legitimate arguments. Death Panels? Lie. Government takeover of healthcare? Lie. No terrorist attacks under Bush? Lie. None under Bush after 9/11? Lie. Obama as a Socialist fanatic? Lie. The Democrats ignoring Republicans? Lie! The list is seemingly endless. We Americans are currently getting the government we deserve. Oh yes, indeedy. A dysfunctional mess that accomplishes little other than filling the airwaves with noise. We voted in Obama by a solid majority, because we knew things had to change, only to then become furious that the new Administration is actually changing things! Oddly enough, you can't have change without change. And even if a bad decision is made, it's not the end of the country, as the 'Tea Bag' fringe dwellers like to claim. America is not a Faberge egg. We won't shatter if jostled. We elected President Obama and the Democratic majority to alter the course of the previous 8 years and deal with an economic crisis. We MUST let them try to do that. Not without some counterbalance, certainly. But we can't expect them to accomplish anything with half the government sitting in the dark, fingers in their ears yelling, "Lalalalalalalala, I can't hear you!"

If you really care what happens to America and our world policies, pay attention. Don't assume everything your favorite pundit says is the absolute, unadulterated truth. Think about it yourself and see if it makes sense. I like Keith Olbermann, but I am well aware that he does occasionally drift across the line, though I think it's from frustration rather than malice. What scares me is that listeners of Rush Limbaugh and Glenn Beck don't seem to have the same realization. Beck practically lives in the fringe and Limbaugh has become so enamored of his own voice and the adulation of his fans that he doesn't appear to filter himself anymore. He actually says everything that crosses the transom of his mind without ever thinking it through. His comments after the Haitian earthquake are an excellent example of this. If an issue is of interest read different views, and really think about what they are saying and if it actually makes sense or is just self serving noise. It is probably best to try and avoid the noisemakers on the fringe though. They exist primarily as self promotion machines and are rarely more substantive than a WWF Wrestling event.

Most importantly, write your Senators and Congressional representatives. Email, Postal and phone calls. Democrats AND Republicans. Every one who represents you. Tell them what you think. Tell them what you want. Tell them what you don't like. Be reasoned and direct in what you think, but avoid emotional rants that might get you dropped into the wing-nut category. I know it's easy to just sit back and not get involved, but that is what many in Congress want. As long as you say nothing, they can presume to decide on your behalf in any way they see fit. Demand that they do their jobs and work with all the other children in DC to do what America needs and not what is politically advantageous for them or their sponsors. Because they will keep doing what's in their best interests until they feel it's in their best interests to change!

Below are links to find your Senators and Representatives. Everyone has two Senators and a Representative who directly represents them. Write to ALL of them. Write often on any issue you care about. They are supposed to be representing you, not their own interests or those of their largest donors. Make your voice heard!!

Contact the Congress
Electronic Frontier Foundation: Contact Congress Page

Non-Workings of the US Senate

Here's a great article by Ezra Klein of the Washington Post on how the US Senate works, or rather . . . doesn't. It's an interesting read. Here's an excerpt:

"To understand why the modern legislative process is so bad, why every Senator seems able to demand a king's ransom in return for his or her vote and no bill ever seems to be truly bipartisan, you need to understand one basic fact: The government can function if the minority party has either the incentive to make the majority fail or the power to make the majority fail. It cannot function if it has both.


In decades past, the parties did not feel they had both. Cooperation was the Senate's custom, if not its rule. But in the 1990s, Newt Gingrich, then the minority whip of the House, and Bob Dole, then the minority leader of the Senate, realized they did have both. A strategy of relentless obstruction brought then-president Bill Clinton to his knees, as the minority party discovered it had the tools to make the majority party fail.


Unfortunately, both parties have followed Gingrich's playbook ever since. According to UCLA political scientist Barbara Sinclair, about 8 percent of major bills faced a filibuster in the 1960s. This decade, that jumped to 70 percent. The problem with the minority party continually making the majority party fail, of course, is that it means neither party can ever successfully govern the country."

Full article: After health care, we need Senate reform

As always, please let me know what you think by clicking the Comment link below and leaving your thoughts!