Re: Politics of Process…

Michael, per this post, I’d again like to make this argument: The filibuster is not the problem. The filibuster is the solution. If only they made Senators like they used to.

UPDATE: For those of you Swamplanders who want to delve into the geeky details of what it takes to actually conduct a filibuster, here’s a link to a 2003 report from the Congressional Research Service. It’s not an easy thing to pull off–or to force the other side to pull off–but it’s entirely possible, even under the modern rules, if you’ve got the will. Here’s a key passage:

Although the actual time consumed varies from case to case, clearly filibusters can create significant delays, even when there are 60-vote majorities to invoke cloture. How much delay the Senate experiences depends in part on how much time the Senate, and especially its majority party leadership, is prepared to devote to the bill in question. If the bill is particularly important to the nation and to the majority party’s legislative agenda, for example, the majority leader may be willing to invest the days or even weeks that can be necessary to withstand and ultimately end a filibuster.
(Emphasis mine.)

Related Topics: filibuster, make them filibuster, Congress, Senate
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  • afguy

    Agreed. Ther process of filibuster needs to be made as painFUL as possible, not painLESS.

  • deconstructiva

    KT, good senators are not born or made, they’re purchased at a good price.

  • kevin

    Yep. Make ‘em sweat.

  • trifecta55

    There is a combination of factors that will not allow this to happen. Firstly of course, there is the democratic wimp factor. There are those afraid of Broder getting the vapors if they do things he ignores the GOP doing.
    .
    Also of course, there are the corporatist sold out democrats who don’t actually mind the GOP obstructing. This frees them to still collect checks from Wellpoint.
    .
    There are too many democrats in these two categories for any serious attempt at breaking the log jam to occur.

  • Paul-no not that one

    You can add that the overriding rule is that The Club must be protected.
    .
    No one should be made to feel, what’s the word Carney used?, discomfited.

  • the committee

    I’m not a parliamentarian, but as I understand it, Senate rules were changed at some point in such a way that actually precludes the stand-up-and-talk style filibuster. It’s so reassuring to know that the fates of millions of people have been pre-ordained by some powdered wig person no one has ever heard of who determines procedure.
    .
    I read Michael’s post, though, and as usual, there’s so much superficial, boring, chewed-over lukewarm b.s. in there it’s not worth responding to substantively.
    .
    Vitriol aside, I hope that the debate about the filibuster turns into a debate about the Senate generally. It is a useless institution full of useless, unaccountable people. The filibuster should go, and the Senate should go with it.

  • destor23

    Make the fat old men sweat! Bring out Richard Simmons and make them Filibuster To The Oldies!

  • Cliff

    No, I’m pretty sure it’s the filibuster that’s the problem.
    .
    I mean, you can hope Senators will go back to the old way of doing it if you want, I suppose. Send me a telegram if that happens.
    .
    But UNTIL human nature suddenly and miraculously changes, we need to revise the filibuster rules so that the governing body can actually, you know, govern.

  • http://twitter.com/ktumulty Karen Tumulty

    Not true. It can be done — and was as recently as 1988. There have been no rules changes since this happened.
    .
    http://www.pbs.org/newshour/campaign/issues/1988_retro.html
    .
    It does require filing cloture at a different part of the process, and it also requires that the majority maintain a quorum (51 senators) on the floor at all times. That’s the hard part, and takes both will and discipline on the part of the majority.
    .
    Believe it of not, it is actually easier than it used to be to break a filibuster. Before the rules changed in 1975, it took 67 votes (two-thirds).

  • http://twitter.com/ktumulty Karen Tumulty

    Here’s a key passage from a CRS report on this subject:

    Although the actual time consumed varies from case to case, clearly filibusters
    can create significant delays, even when there are 60-vote majorities to invoke
    cloture. How much delay the Senate experiences depends in part on how much time
    the Senate, and especially its majority party leadership, is prepared to devote to the
    bill in question. If the bill is particularly important to the nation and to the majority
    party’s legislative agenda, for example, the majority leader may be willing to invest
    the days or even weeks that can be necessary to withstand and ultimately end a
    filibuster.

    .
    http://timeswampland.files.wordpress.com/2010/02/rl30360-1.pdf

  • stuartzechman

    You know what?
    .
    I freaking love that the Swampland pro writers have these conversations with each other where they address each others’ posts.
    .
    Is there any other major publication blog that’s like this?
    .
    What a fantastic state of affairs. I would never have imagined that Time would be capable of such great blogging.

  • apollyon07

    “If only they made *politicians* like they used to.”
    .
    The Founding Fathers are rolling in their graves.

  • stuartzechman

    Thanks so much for these excellent, fact-filled responses to commentary, KT.

  • the committee

    Ah, cool. Thanks KT. Not sure where I read that about talkie filibusters being a thing of the past, but I’m happy to be corrected!

  • shepherdwong

    “No, I’m pretty sure it’s the filibuster that’s the problem.”
    .
    I’m pretty sure that the problem is Republican partisan obstructionism and the filibuster is just the convenient tool.

  • the committee

    Now I see Ben Nelson is planning to join the filibuster against Obama’s NLRB nominee.
    .
    Violent thoughts are being thought over here.
    .
    The problem, you see, is not necessarily with the filibuster (though that is bad) but with Senators, doing Senatorial things. They can all bag off.

  • apr2563

    Thanks Karen. I wish you could get this to the WP. One of their reporters who participates in their QandA keeps insisting it can’t be done. I think it is Baker. He gets very indignant when someone mentions it.

  • apr2563

    There has always been corrupt politicians. Lord LBJ was no saint and he was monumentally wrong about Vietnam but he was brave enough to give us the Voting Rights Act knowing how it would lose the south for the dems. Truman, the little Missouri habedasher gave us an integrated military. His connections to the bosses back home were always suspect. But he was able to do what he thought best when he could.
    Their were great Republicans with whom compromises could be made, Brooks, Mathias, Javits, Percy, even Simpson, Baker, Dirkson et al. Now the Republilcan Senators do not seem to have any core of belief but a cynical mind to support the party at all cost. No compromise. Witness McCain and Graham who have pandered to their base and changed on many issues.
    The dems are weakened by their factions and their duties to the corporate special interests. Unfortunately, many have forgotton they have a base. However, there are a few who try to stand strong, Franken, Feingold, Boxer, Whitehouse, Brown. Sanders, the one true Socialist is remarkably true to himself and his constituents. It is unfortunate that they are not enough to allow the majority to make progress.

  • apr2563

    Nelson has no soul.

  • apr2563

    http://www.huffingtonpost.com/rj-eskow/a-college-test-for-washin_b_454453.html
    Reforming student loans. Another test for the Senate and Obama. The reform has already passed the house.
    Will the Reps. do a knee jerk no, unanimously, in fealty to corporate interests and their party?
    Will Obama give weak leadership?
    Will the dems cave to their corporate sponsors?
    Will students continue to pay usurus loans for the benefit of banks?
    What say you?

  • http://twitter.com/ktumulty Karen Tumulty

    i’ll post a link to this CRS report as an update.

  • http://twitter.com/ktumulty Karen Tumulty

    i’m sure you’ve read it in a lot of places, because a lot of people have written it. it’s a real pain for the majority to enforce it, so they keep telling reporters that it isn’t possible.

  • kbanginmotown

    “No, I’m pretty sure it’s the filibuster that’s the problem.”
    .
    I’m pretty sure that the problem is Reid’s lack of testicular fortitude.

  • kathy

    I’m more and more eager for a filibuster. Obama saying he’s going to invite the two sides to come together and talk on teevee has now prompted the Republican House leadership to say they won’t play unless the current bill is scrapped. (can. not. stand. the repugs)

    So here’s hoping that the president knows how to stay one step ahead of these guys, as I suspect he does. I had wondered if the idea for a summit was to show the Democrats he’s willing to call their bluff. It might have been better if he’d decided to be in charge a year ago, but now he has half a country begging him to take charge of this process.

  • kathy

    I should add that I think Obama offered this summit as a way of demonstrating that the Republicans are not willing to play ball, and I think they’re going to oblige him.

  • dwilde1

    @kathy: “… but now he has half a country begging him to take charge of this process.”

    Which leads me to question what Mr. Obama is DOING with that supposed ‘mandate’… making increasingly snide and combative remarks and meaningless political theater.

    Republicans and Libertarians will not accept anything similar to the Democrat-crafted bills currently stalled for a very simple reason: they both come from the position that more government works better.

    There is only one argument I’ve seen recently that does have validity in that respect: that Medicare works relatively well. Unfortunately, Medicare is doing its part to bankrupt the country AND the doctors and the paperwork strangles everybody else.

    The Republicans are not willing to play his ball game, yes, that’s true. This proposal is pure partisan manipulation that is every bit as worthless as Bush’s inane (“mission accomplished”) aircraft carrier landing, although it is at least less tasteless. The bills the Democrats offer are equally rotten sausage, and there is no real gain to giving either PhRMA or Ben Nelson what they demand in return for the supposed “improvements in coverage” and the costs.

  • kbanginmotown

    Time for Reid to put on his big-girl underpants… ;)

  • shepherdwong

    Yes, because Republicans filibustering everything must be the fault of a Democrat.

  • afguy

    kbang,
    .
    Now that you mention it… I haven’t heard KT speak of her admiration for Harry Reid recently.
    .
    Earlier in the process (last year?) she was wont to defend him against negative comments regarding his manhood (and lack thereof) here in the Swamp.
    .
    Hasn’t happened recently… I wonder if she’s had a change of heart.

  • deconstructiva

    kbang, thanks / kudos for reminding us about big-girl panties. This gift service really exists…
    http://www.sendapantygram.com/
    …and it’s meant for guys. If KT, Kate, or Amy won’t, will any other swamper, etc. please, please, please send Reid one of these?

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