Latest Installment of Make Them Filibuster

By golly, this is turning into a groundswell! I’m going to need a bigger bandwagon. Harry K. Scwartz delivers the latest endorsement in the Philadelphia Inquirer*:

As bleak as prospects are for Democrats in the coming congressional elections, there is a tool at hand that could boost their fortunes: the filibuster.

But isn’t that the reason it takes 60 votes out of 100 to pass legislation in the Senate? Isn’t that what stalled Obama’s health-care reform for a year and then, when a Republican was elected to Ted Kennedy’s seat, effectively killed it for this Congress? Isn’t that what allowed a few Republicans to hold up confirmations of dozens of senior officials nominated by the president to run his administration?

Well, yes. The filibuster is authorized by Senate Rule 22, and when I served as a legislative assistant to Sen. Joseph Clark of Pennsylvania in the 1960s, it was at least as much of an issue as it is today. It was used with great success by Southern Democrats and several Republicans to block civil-rights legislation. Clark, who served on the Senate Rules Committee, and several other Democratic senators tried at the opening of each new Congress to restore majority rule to the Senate, but they failed.

Efforts to reform the filibuster rule would just as surely fail today. It’s too valuable to the minority party as a device for blocking the majority, and even senators in the majority are mindful of the day when they will be in the minority. So it’s fine to talk about the virtues of democracy, but we don’t have it in Congress.

But that doesn’t mean that Senate Democrats can’t use Rule 22 to their advantage. President Obama’s proposed budget is full of ideas that are very popular with the general public – such as measures to rein in Wall Street bonuses, programs to create new jobs, a middle-class tax cut that applies pre-Bush tax rates to the very rich, and provisions for going after companies that hide their earnings overseas to avoid taxation, to name just a few.

If one assumes, as I do, that the Republicans’ strategy for the rest of this Congress has one objective – to deny Obama any legislative victories – then the Democratic strategy should be clear: Force the Republicans to filibuster bills that most voters support.

(H/T to Swampland commenter Ivy_B, who alerted me to this via Twitter.)

*(And then who shamed me by pointing out that I had misspelled the name of one of America’s great newspapers. I hang my head.)

Related Topics: make them filibuster, Congress, Senate
  • Latest on Swampland

    Pete Souza / The White House via Getty Images

    Political Picures of the Week, May 18-25

    TIME’s photo editors bring you the best pictures of the past week from the Beltway and beyond.

    Obama Administration Blocks Global Health Fund To Fight Disease In Developing NationsHuffPost Politics

    From left: AP; ABACAUSA

    The Phony War: Obama and Romney Are Debating Character, Not Policy

    More than five months from Election Day, the back-and-forth about Mitt Romney’s record at Bain already feels played out. Unfortunately, there’s good reason to expect the campaign continues in this vein indefinitely. Neither Barack Obama nor Mitt Romney are terribly interested in dwelling on policy platforms. Romney’s plan to slash spending and keep taxes low on the wealthy isn’t especially popular, at least not at any level of detail beyond a blithe promise to shrink the deficit. Meanwhile, Obama’s signature first-term achievements, like health care, the stimulus and Wall Street reform, are all unpopular or tricky to sell. (The Dodd-Frank bill is the most popular of these, but hyping it means offending wealthy donors.) So what we’re getting instead is a superficial duel about character–and, worse, one that’s based on the largely false premise that the better man can better “manage” the economy back to health.

  • stuartzechman

    Thanks, Ivy_B.

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

    have added a H/T

  • Matt

    A groundswell from the grass roots, maybe. But Dems in Congress are still too scared about November to make a call for reconciliation.

    http://www.political-buzz.com/

  • stuartzechman

    …Because you’re cool like that!

  • http://theblindspotsofgod.wordpress.com lawyermommy

    Hmm… that could work. It would definitely be a PR disaster for the Republicans who constantly try to distance themselves from their apt description as the “Part of Nothing from Obama will pass”. :)

    However, before anyone jumps on board this tactic, efforts should be made to see how this could be turned against the Obama folks.

    This Administration is young and is making many missteps.
    One of the greatest ones which I constantly see is their inability to reasonably foresee the response of the Republican party to most actions they take or plan to take.

    The Republicans will not sit on their hands and be made to look like emm the “Party of NO”.. in event they are forced into this situation, what do the Obama folks think they will do??

    PROACTIVITY is desperately required in order to thwart the Republican agenda.

    PS: The Republican agenda is simple; make sure Obama does nothing for four years– by opposing any and everything he proposes and suggesting crazy unworkable and unrealistic options instead! :) NUTS!

    LM

    http://theblindspotsofgod.wordpress.com/2010/02/15/stalking-criminality-the-law-and-women/

  • Ivy_B

    Except for KT, I can anticipate the press reaction. Reid and Dems make Repubs stay on Senate floor. In other news…

  • Ivy_B

    And, KT – we really, really like to cite it as the Philadelphia Inquirer. (Except when SZ uses the E to point out its occasional oversteps.)

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

    ARGH!!!!!! I KNOW BETTER. FIXING.

  • Ivy_B

    I know you do! Understandable since the current make-up of the op-ed page is competing with the WaPo for the rightest, ickiest page in the country. That’s why the Schwartz column was such a bright light!

  • allthingsinaname

    So then there has been too many negatives in the Bills the Senate tries to pass?
    .
    So in compromising with the Rep. to get their vote, they have made the Bill filibuster proof?
    .
    So we continue to seek their support so we do not have to pass any legislation?
    .
    It sounds like a shell game to me. Guess under which nut the blame belongs.

  • afguy

    Guess under which nut the blame belongs.
    .
    Nut? Singular???

  • allthingsinaname

    It was a play on words, the nut is us.

  • cfukara

    ” .. Force the Republicans to filibuster bills that most voters support. ..”
    I fear when the DEMs try to better the militant rightists: They are outgunned in the propaganda wars.

    For instance, the GOPs may filibuster all except a minor few. Then the DEMS will not really have a clear case of obstructionism to point at.

  • afguy

    Or the “nuts” are us. I’ll agree with either.

  • charlieromeobravo

    If the Republicans filibuster all bills but a minor few, I think that makes for a *very* clear case of obstructionism.

  • bcinaz

    Harry Reid should spend some of his leadership budget and buy 59 cots and leave them stacked in the hallway outside of the Senate Chamber. He should also advise Mitch McConnell to spend some of the minority budget to buy 41 cots; And then let the Minority Filibuster. Harry can bring anything he wants to the floor, so he might as well bring it all to the floor. The Republicans can read the phone book and Democrats can interrupt to announce the names of all the Americans who lost their healthcare while the Repulican was speaking just now. Republicans can read Shakespeare and Democrats can interrupt and read excerpts from Goldman Sachs quarterly report.

    I live in a small town and don’t get to the theater too often – I’d pay to see this, though.

  • allthingsinaname

    So would I, but both sides hide behind the filibuster so, it will never happen.

  • hotbbq

    Grand Old Floprey?

  • allthingsinaname

    Has nothing to do with being out guned, it has everything to do with controlling. The Senate, by design, is organized to get nothing done. From the begining the Senate was elected by congress, to what aim but to check The House who was elected by the people.
    .
    Even though we nopw elect the Senate, they have a six year term, which means they still have to do nothing. With the short memory of the people, what the hay, what is 5 years of inaction?
    .
    The filibuster is a zero sum loss or gain, that is we defend our own party and blame the otherside.
    .
    We can’t change it because we need them to do it.
    .
    In short we are being played.

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

    they already have the props cots.

  • cfukara

    charlieromeobr: ” . If … filibuster all bills but a minor few, I think that makes for a *very* clear case of obstructionism. ..”
    That would take barefaced chutzpah – the size and finesse of which DEMs have not been suspected of having.
    [You know, the kind displayed by the rightists radio talk show hosts who can rile up an old lady to the extent of going to a townhall meeting with a sign that reads "Government off my Medicare".]


    allthingsinaname: ” In short we are being played. ..”
    I refuse to surrender. Let us take the fight to those militants in theioir own backyards (before they bring it to our DEM shores!)

    One example:
    Most Americans are known to be followers who are ill-informed on the world and USA’s current affairs and read little (other than sports pages, coupons and astrological signs.)
    As such, for information, they are likely to be drawn to certain “authoritative” figures (the Goebbels) who “speak our language” and once in the spider’s web they are thereby readily manipulated by the sly siver-tongued into what to think. [link to a study will follow.]

    Think, FOX News, the most popular and the most trusted!

    For instance, Clueless followers prefer to be on the ‘winning’ side of the issues (even if they really don’t know what the fuss is about and don’t care one way or another). Between the liberal/DEM and conservative/GOP public speakers or talk show hosts, who are most likely to say the following to the audience: “American people don’t want..” or “What American people are saying is ..”?

    “American people”. Mhh. The warm, fuzzy, woozy feeling of patriotism. Fly the flag!

    Try it DEMs – and do it often.

  • afguy

    …they already have the props cots.
    .
    KT,
    .
    Sadly, that’s probably an accurate description of their intended use.

  • kathy

    Interestingly,, I’ve been hearing more calls to abolish the filibuster – including from Howard Dean (which of course doesn’t mean anything). Dean did correctly identify the Democrats’ problem as a lack of spine.

    Then I heard a CNN commentator (Tom Forman, I think) exclaiming with great incredulity that the Dems had put 39 (I think) holds on Republican efforts to filibuster, more than in the 50′s and 60′s combined! Wow, now there’s a reach. Those poor, poor Republicans, having their efforts to filibuster thwarted. He didn’t say anything at all about how the Republican efforts to faux filibuster compared with previous efforts of either party – and he seemed to be implying that the problem with governance was the Democrats’ efforts to keep the Republicans from filibustering.

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

    abolishing the filibuster will never happen. control of the senate swings back and forth every few years, and the democrats want to preserve the power because they know they may well want it in a few years.

  • freeinpa

    KT:

    Since the Phila. Inq. is bankrupt you could probably put all of its readers and add the audience of MSNBC and fit everyone of them in your bandwagon.

    I do admire your enthusiasm for this.

  • FlownOver

    Add this to the increasing demands for Question Time and government might really become a show worth watching.

    Note: I have no connection to the Question Time group; hence, no blogwhoring here.

  • stuartzechman

    I don’t think anybody would mistake normal linking in commentary for the vomit of blog-whoring we’ve been experiencing lately.

  • Ivy_B

    From PhillyInquirer via twitter. In the wake of yesterday’s flash mob rampage, councilmen ask Nutter to file suit against Twitter, Facebook and MySpace.

    Don’t shoot the messenger, I guess.

  • cfukara

    cfu: ” .. barefaced chutzpah – the size and finesse of which DEMs have not been suspected of having. [You know, the kind displayed by the rightists radio talk show host .." who insists that his condemnation of Pres Obama stands because the American people know that BHO thinks it - even though BHO did NOT say what he (Limbaugh) accuses and berates him for saying about the intentions of our founding fathers - because, so he (Lim-bugger) charges, the American people know that BHO thinks it even if he(BHO) doesn't say it .. (Gosh! one gets all twisted up trying to unravel that devious tangled militant mush of a Lim-mind.)]

  • cfukara

    It is said that the DEMs don’t want to use the “nuclear option” and do away with the filibuster by the current minority party in the senate because the DEMs may need it at a future time when/if they are in the minority.

    For what – to filibuster a stray rightist judge like Roberts? Well. That is important. But let us get a perspective, please.

    The congress-persons clearly recognize that the Health Care Reform bill is THE most important single bill (with far-reaching consequences in our economy now and into the future) which they are likely to consider and pass for the duration of their entire sordid lives on the hill.

    What a lot.

    [Perhaps, for extra credit in posterity, the wily Nyet! militants know a good thing when they see one: They would rather pass the same or similar HRC bill(s) when they are in the majority.
    And they would - easily.
    After all, many of the provisions in the HRC originated from, were at some point pushed by, the wily militant coyotes of Nyet!]

  • cfukara

    “HRC”? Make that “HCR”.

  • bobthebunter

    The Democratic leadership should call the GOP’s bluff and see how long they would filibuster. With CSPAN recording every word, the oldtimers from the GOP will eventually stick their feet in their mouths.
    This will give the Dems more ammo for re-election campaigns in November. It will also make for great late-night comedy when Leno and Letterman and Kimmel get their hands on the recordings.

blog comments powered by Disqus