Filibuster

Possible Changes In Filibuster Rules And Committees In Senate, And A Proposal

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The call by the Democrats in the Senate for filibuster reform makes it the center of attention for Wednesday, January 5, 2011, the only day that such reform is possible.

As the new Senate convenes, Vice President Joe Biden will preside, and the opportunity for change will be voted on.

Among the changes proposed are the following:

1. Senators could not initiate a filibuster of a bill before it reaches the floor unless they have 40 votes in favor of such action, and would have to remain on the floor to sustain the filibuster. Now an anonymous objection to a motion to proceed is enough to initiate such a filibuster.
2. Secret holds, which allow a Senator to block action on a bill or nomination anonymously, would be prevented. Any Senator who places holds would have to do so publicly.
3. Thirty hour waiting periods on motions to proceed would also be eliminated as a tactic.
4. A simple majority vote on changing Senate rules at the start of a session, rather than a two thirds majority, would be adopted.

Other Senate changes that might be voted on include:

1. Election of committee chairmen by secret ballot, instead of by affirmation unless a member objects, making committee chairmen more accountable to the other members of the committee.
2. Limitation of how many subcommittees one member can head.

Apparently, there is reluctance to make it harder to create a filibuster based on number of Senators required, with 60 Senators now needed to overcome a filibuster.

Before 1975, 67 Senators were needed to end a filibuster, and major reform was making it 60 Senators at that point.

It would seem to the author that while a minority should have the full rights to opposition, it is undemocratic to allow 41 Senators to stop action endlessly.

The author’s proposal would be to lower the threshold from 60 Senators to 55, realizing that if a candidate for public office, including the Presidency, wins 55 percent of the vote, it is considered a landslide win!

So why not lower the number for a filibuster to be overcome to 55, making it that 46 Senators would have to agree to keep a filibuster going? This still retains the right of the minority, but prevents abuse of the concept of endless debate and discussion, and prevents the kind of damage that the filibuster is now clearly seen as causing–the stoppage of often significant legislation desired by the House of Representatives and a clear cut majority of the US Senate!

The Abuse Of The Filibuster By The Senate Minority: Time For Reform!

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As the political year ends, the record shows that the use of the filibuster tactic by the Republican minority in the US Senate has reached an all time high.

It used to be that the filibuster was utilized by Southern Democrats opposed to the passage of civil rights legislation.

Now it is used as a weapon to stop ALL action in the Senate, with simply the threat of a filibuster preventing progress on legislation, or presidential nominees for the federal courts and other offices.

The number of motions for cloture has doubled in the past few years, and has nearly quadrupled since the 1970s and 1980s, and was used in the single digits until the 1970s.

It used to be that mounting a filibuster meant a group of Senators taking turns in speaking on the floor for hours and hours, while now just the threat stops action.

Is this proper use of the filibuster, just to say a group will mount a filibuster, and all action is paralyzed as a result?

Of course, the answer is no, so the Democratic majority and Senate President and Vice President Joe Biden will have one chance to change the rules of the Senate, on opening day of the 112th Senate on January 5, 2011.

The move to reform the filibuster is being led by junior Democrats, including Senators Tom Udall of New Mexico, Claire McCaskill of Missouri, Michael Bennet of Colorado, Jeff Merkley of Oregon, Sheldon Whitehouse of Rhode Island, and Mark Warner of Virginia. But senior Democrats, including Tom Harkin of Iowa and Carl Levin of Michigan also back the idea of reforms.

The problem is to realize that the Democrats could be in the minority in the Senate in 2013, and the desire to retain influence if they are the minority, so tinkering with the Senate rules on the filibuster, as well as other tactics, such as the ability of one Senator to use the “hold” tactic on action, must be carefully considered, so as not to reverberate on the Democrats in the future times when, inevitably, they will NOT be the majority!

Sad Ending On DREAM Act: “The American Dream” Denied To Young Illegal Immigrants Who Wish To Contribute To The Only Nation They Know! :(

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A very sad development yesterday in the US Senate was the denial of an opportunity for young illegal immigrants who were brought to this country as babies or very young children, and never have done anything illegal, but are being denied the right to move toward citizenship by pursuing college or entering the military.

These children are not lawbreakers, even if their parents are, and they have no memory of their former homeland. They have been discriminated against, and just wished to pursue the “American dream” that we hear so much about, but the Republicans in the Senate, except for three courageous souls, refused to allow such an opportunity.

The only three Republicans who voted in favor of cloture to end the filibuster by their party on the proposed DREAM Act were Richard Lugar of Indiana, Robert Bennett of Utah, and Lisa Murkowski of Alaska.

However, since the vote, with four Senators not present, was 55-41, we must also look at the five Democrats who voted against the DREAM Act–Kay Hagen of North Carolina, Mark Pryor of Arkansas, Ben Nelson of Nebraska, and Jon Tester and Max Baucus of Montana. These five Senators did not show reasonable justification for their votes, and should rightfully be condemned for their vote.

With this defeat, and with the reality of GOP control of the House of Representatives for the next two years, and fewer Democrats in the Senate as well, it is unlikely that the DREAM Act or anything similar to it will have any fortune in the next few years.

But the battle for immigration reform, including giving opportunities to children who have done no wrong except being born to the “wrong” parents, will continue, and with the growing Latino population in this country, eventually human rights and civil rights will come to these deserving children of illegal immigrants!

Senator Bernie Sanders Of Vermont: A Truly Principled Progressive In The Vein Of Ted Kennedy, Paul Wellstone, And Russ Feingold! :)

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Senator Bernie Sanders of Vermont is still in process on his personal filibuster of the Obama-GOP tax deal, which has caused a major split in the Democratic Party in Congress.

Sanders is an Independent Socialist who allies with the Democratic Party in the Senate. He was a member of the House of Representatives from 1991-2007, and was elected to the Senate in 2006. He has the distinction of being the longest serving Independent member of Congress in American history.

While some would say, “but he is a Socialist!”, the answer is “So what!” There is nothing wrong with Sanders’s brand of Socialism, as it is in the tradition of great progressives of the past, including Robert La Follette, Sr, Robert La Follette, Jr., George Norris, Hubert Humphrey, George McGovern, Ted Kennedy, Paul Wellstone, Russ Feingold and many others.

He is the champion of the working man and woman, of the middle class, of the poor, of the sick, of the elderly, of the young, of ethnic minorities, of ALL average Americans who will NEVER achieve the so called “American dream” of becoming wealthy. All they want is a fair shake from their government, instead of a government that favors the wealthy and upper class and corporations that promote monopoly, greed and selfishness.

Sanders is to be applauded for his principled stand, his high moral and ethical beliefs, and his willingness to remind us of how desperate conditions are for millions of Americans, who cannot afford gasoline, food, rent, medical costs, clothing etc on their struggling low income jobs if they are fortunate enough to have one, and the millions of Americans who have no work, are losing their homes, and whose children are facing the scarring nature of economic deprivation. 🙁

Sanders’ filibuster speech, lasting seven hours at this point with no set end in sight, is a speech for the ages, a speech which should be honored historically as much as the speech of Martin Luther King, Jr. in 1963, along with the great principled speeches of the people mentioned above, and others not named.

If only we had one hundred Bernie Sanders in the Senate, or a combination of Sanders and the various progressive leaders mentioned above, who are part of our history, we would be a far better nation.

Instead, through the ignorance and fear of many poor and middle class citizens, plus manipulation by special corporate
interests in the recent campaign, and assisted by the Supreme Court Citizens United decision in January, the country is now faced with the reality of a Republican Party which is going to make the plight of the American people MUCH MORE NIGHTMARISH over the next two years! 🙁

They have Barack Obama and the Democratic Party in a tough position for the moment, necessitating, unfortunately, the striking of a deal just to accomplish short range goals.

But starting next year, Barack Obama and his party MUST fight the good fight that Bernie Sanders represents, and work to convince the American people that the Democrats are indeed the party of the people who have their best interests at heart, and deserve control of both houses of Congress and the White House in the 2012 elections!

The Bernie Sanders Filibuster Against The Obama-GOP Tax Deal: An Honest Expression Of Frustration, But Not Ultimately A Winning Strategy! :(

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As the author writes, Vermont Independent Senator Bernie Sanders is conducting a filibuster against the tax deal negotiated by the Obama Administration with Senator Mitch McConnell of Kentucky, the Senate Minority Leader, and others.

In an unprecedented move, Congressional Democrats are staging a revolt against what their own party’s President has done, and the anger and venom felt by many progressives and liberals seems to have no limit.

They feel that the President has surrendered to the GOP, and that the tax deal is unacceptable, but the Republicans are “holding hostage’ all action on other issues, and already have prevented a final vote on the DREAM Act, “Don’t Ask, Don’t Tell”, the START Treaty, and the September 11 First Responders Medical legislation.

As the author has stated before, there are many problems with the proposed tax legislation, but continues to feel that the shortness of time prevents a major rebellion against the proposal, as if it is not done, unemployment compensation extension will be prevented, along with failure on the above list of priorities.

So while the author is sympathetic to what Senator Sanders is doing, and what Chuck Schumer, Anthony Wiener, Gary Ackerman, Jerrold Nadler, Mary Landrieu, and numerous others in both houses of Congress are expressing, it seems an unwise action, and it is certainly unusual to see progressives and liberals utilizing the filibuster tactic!

Hopefully, some tinkering with the legislation can be arranged, but major change will have to wait for the election results of 2012. Meanwhile, President Obama is meeting today with former President Bill Clinton to gain advice as to how to deal with this messy situation, similar to what Clinton faced after the disastrous midterm losses of 1994.

Two Senators Threaten Filibuster On Tax Bill: Bernie Sanders And Jim DeMint!

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The controversy over the negotiated tax bill between President Barack Obama and the Republican opposition has reached the stage of a possible scenario which is preposterous on its surface!

Imagine this: Socialist independent Senator Bernie Sanders of Vermont and Tea Party favorite and conservative Republican Senator Jim DeMint of South Carolina both plan to filibuster the bill, obviously for different reasons!

Sanders is outraged by the continued tax cuts to the rich, while DeMint is resistant to the reinstituting of the estate tax and the continuation of unemployment compensation, which he believes discourages people from looking for work, so he wishes to end it completely!

DeMint’s reasons are totally outrageous, while Sanders, a good, decent man, and one of the favorites of the author, is understandably upset over the tax bill, but his move to filibuster is counterproductive!

But this scenario shows the turmoil that exists in Washington, DC, and this is BEFORE the Republicans take over the House of Representatives next year! 🙁

The Harsh Reality: The Republicans Control The Senate, Even Though They Do Not Have The Majority Of Seats! :(

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The vote this morning in the Senate on the tax cut extension legislation proves what many do not want to admit! 🙁

The Republican Party controls the Senate, even though they do not have the majority of seats! 🙁

So the Republican Party will control what goes on in both houses in the 112th Congress, despite the fact that the Democrats will have 53 seats in the new Senate! 🙁

At this point, with more seats than they will have next year, the Democrats were unsuccessful in their goal of stopping tax cuts for the top two percent of the population, while continuing it for the other 98 percent of the population!

The amendment by Montana Senator Max Baucus to retain the tax cuts for individuals earning up to $200,000 and for couples earning up to $250,000 failed miserably! 🙁

But also, New York Senator Chuck Schumer proposed a modified deal, which would have kept tax cuts for incomes up to $1 million, meaning only the top ONE percent earning more than a million dollars would have seen their taxes increase, and still it was unattainable in a Senate with more Democrats than will be present next year! 🙁

Of course, the culprit is the Senate filibuster, which requires 60 votes to stop a filibuster, impossible almost always with 59 Senators who were Democrats and Independents, but certainly inconceivable with only 53 Democrats and Independents in the Senate for the next two years! 🙁

There will be a move in the new Senate by younger Democratic Senators to change the rules of the Senate to lower the number needed to overcome a filibuster, but it can be seen that it is highly doubtful that any change will occur, so reality is: The Republicans will control both chambers of Congress effectively for the next two years, and will do everything conceivable to prevent any successes for President Obama’s agenda, as their only goal is his defeat in 2012 and the destruction of the Obama Health Care legislation and other reforms in 2013, when they hope to win the Presidency and the Senate, and take us back to the past! 🙁

The Total Abuse Of The Filibuster By The Senate Republicans!

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It used to be that southern Democrats used the filibuster to prevent civil rights legislation.

Sometimes, the filibuster has been used to block a particularly controversial piece of legislation, or a Presidential nominee who was seen as undesirable.

But never has the filibuster been abused as it is this year by the Republican party, which is using the filibuster tactic to block ANY action on ANYTHING that the Obama Administration proposes, other than his appointments as Cabinet advisers and the selection of Associate Justice Sonia Sotomayor!

The Republicans have used it to block just about every judicial nominee that President Obama has selected!

In a time of great challenges, we also cannot see agreement to move ahead on Wall Street reform yesterday because of a filibuster based on party alone, and also on such a crucial issue as immigration reform!

The filibuster was not designed to be utilized in such an abusive way, and it is a mockery of democracy to allow such a tactic to be used in the way it has been in recent months!

Senator Tom Udall of New Mexico has introduced a proposal backed by other junior senators, which would work to reform the system, as it is essential for any progress toward dealing with the major challenges we face.

It is, however, doubtful that any change will come soon, and the effect is to make the US Senate present an image as a legislative body which is unable to meet its responsibilities to the American people, and to damage its historical reputation as a respectable institution!

The Senate Broken By The Filibuster: 290 Bills Passed House, Pending In Senate!

Ronald 1 Comment

The US Senate is a very prestigious body, which has done great things and had great members in its 221 year history.

But now the Senate is an impediment like no other time in US History! While the filibuster tactic has been used in the past, it is totally out of control now, and has paralyzed the Senate!

The astounding fact is that the House of Representatives has passed 290 bills that are stuck in the Senate logjam! Of course, not all bills which pass the House are meant to be passed in the Senate. The Senate acts appropriately as the brakes on actions of the House.

But this is not just the application of “brakes”, but rather the total inability of the Senate to do anything of significance, due to opposition stubbornness and partisanship!

Since “reconciliation”–establishing a bare majority of 51 votes to get things done–has been utilized by President Bush to get his tax cuts through, and for President Clinton to use it for welfare reform legislation in the mid 1990s, there is absolutely no reason why it cannot be utilized now to get climate change, health care, bank regulation, and other essential legislation through the Senate!

Let the Senate majority do its will, and then, it is up to the people if they do not like what is done, to go ahead and take it out on the Democrats and put the GOP in power. But America should be governed by the rule of the majority, not the minority!

So reconciliation is what must be done, whether the Republican party likes it or not! It is time for action on those 290 bills pending!

The Senate And Senatorial Privilege Gone Amuck!

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Senator Richard Shelby, Republican of Alabama, has just used the power of senatorial privilege to put a hold on Obama nominees for various positions, and also on legislation for financial regulation, because he is angry that the new Obama budget proposal will cause loss of programs that benefit his home state.

Shelby is not the first senator to do this, but the practice that allows individuals senators to put a “hold” on nominees or legislation is an outrage that must be reformed. It creates stalemate and deadlock in the Senate, and along with the threat of filibusters to bottle up action and prevent what the majority wants, sometimes as many as 59 wish, is simply making the Senate look like a dinosaur which fails to represent the will of the American people!

Wnile the Senate was designed to apply the “brakes” to the sometimes rushed actions of the House of Representatives, it has become a body which has lost a lot of its luster as the greatest legislative body in the world! The nation deserves to expect more from the Senate and its members! Everyone has the right to their views, but not as individuals or as a minority to stifle democracy and the will of the majority!