kevin
@ December 15, 2008


----------
3

Permanently.  First off, despite what schmaltzy movies may tell you, the filibuster was mostly used for evil.  See blocking anti-lynching laws, or Strom Thurmond blocking civil rights legislation.  But in the past, they were very rare.  In the last 15 years, however, they've changed from last ditch measure to regular occurance.  Now to filibuster something, the Senator's don't even have to actually do it.  They just announce their intention, which results in a cloture vote to end debate.  If it doesn't get 60 votes, the measure is considered filibustered and fails. 

This is incredibly stupid to begin with, but it's made even worse by being in the Senate, where every state gets equal representation regardless of size.  A filibuster coming from the 20 smallest states would represent an incredibly small number of actual people.  

Moreover, the filibuster isn't particularly essential to the rights of the minority party since the American system has a wide variety of points to kill legislation.  Both chambers of Congress must pass it, then they have to agree on the exact wording (lots of bills get massively changed here), then the president has to sign it, and even then the courts can kill it whenever they feel like it.

But since killing the filibuster when one party controls both chambers and the executive would garner deservedly terrible press and distract from the goal of actually accomplishing things, the very least they can do is ACTUALLY MAKE THEM FILIBUSTER.  Some may ask why this insane and clearly ahistorical interpretation of filibuster intent is allowed.  Some have suggested that Majority Leader Harry Reid (D-NV) suffered from a botched gender reassignment surgery, and under his suit consists solely of one huge, gaping vagina.  Now me, I'd say that's a bit unfair, but it'd be irresponsible not to report on the possibility.  Really though, if Mitch McConnell wants to spend his Christmas on the Senate floor reading a phonebook with the goal of killing off thousands of jobs in the middle of a recession, let him.  But for the love of God, don't count him voting 'no' on cloture the same as doing it. 

LATE ADDITION: Here's some evidence for my assertion that lots of filibusters is a new and ahistorical thing (h/t Ezra Klein at the American Prospect)

filibusters.jpg


----------

Despite its historical use for evil purposes, the filibuster is not necessarily a tool for evil. It could be used as a tool for good, if ever evil were to reign. Oh, wait - does that mean that democrats could have used it for the first 6 years of the Bush administration but didn't because they are giant pussies the likes of which history has never seen?

My mistake. Please carry on.

You are not the only one who is being bothered by this:

http://www.fivethirtyeight.com/2008/12/is-60-votes-overrated.html

"Undoubtedly, however, a majority of these cloture motions were in fact triggered by Republican floor action, and the vast majority of them were also procedural filibusters -- the actual filibuster, in which Mitch McConnell wets his pants while reading from the phone book for 19 hours, is now exceedingly rare."

The truly stunning part is that to end the abuse of it, do you know how much effort would be required? No law would need to get passed, no rules changed, the ONLY thing that would need to happen is for Reid to call up McConnell and state that from now on motions that fail a cloture vote will have discussion continued rather than be tabled. Reid is letting the minority veto whatever they want out of POLITENESS.

Leave a comment





Blog directory

Powered by Movable Type 4.1