Filibusters

Six Months Of Donald Trump: Neil Gorsuch, And Nothing Else Of Substance Other Than Executive Orders That Repeal Much Of 20th Century

Ronald 1 Comment

It has been six months since Donald Trump took the oath of office, and what does he have to show for it?

Well, there is Supreme Court Associate Justice Neil Gorsuch, approved by smallest margin since Clarence Thomas in 1991, and with changed rules, with the filibuster no longer applicable. Gorsuch would never have been approved if the filibuster still existed for Supreme Court nominees.

Other than that, nothing of substance, with the exception of a host of executive orders designed to destroy the Obama legacy and cut regulations dramatically in all areas of government, having a devastating effect on the progress made under Republican and Democratic Presidents going back to Theodore Roosevelt at the turn of the 20th century.

But no legislation has been passed, NONE!

Trump has been much better at dividing the nation, keeping his public opinion ratings under 40 percent, an all time low in the 70 plus years of Presidential ratings.

The promises have not been kept, as with the Mexico Wall, ending ObamaCare, Tax Reform, and Infrastructure Investment.

Trump has undermined environmental protections,

stripped labor protections,

made for high levels of stress for multiple millions on health care,

promoted high levels of corruption openly,

lied five times a day,

created a commission to investigate voter fraud that does not exist,

undermined respect for the law and the intelligence agencies and freedom of the press,

made wild and unsubstantiated accusations against Barack Obama,

created tension with our NATO allies,

been limited in his Muslim ban by the courts although winning a partial victory temporarily,

been far too friendly with Russia and Vladimir Putin,

failed to fill thousands of essential positions in the federal government and caused many bureaucrats to resign,

supported authoritarian dictatorships in many nations openly,

undermined our energy future by falsely claiming that coal has a long term future,

and promoted wealthy special interests on Wall Street despite his claims the would “clean the Swamp”.

His cabinet and other appointments are the absolute worst, most atrocious of any President, and the mean spirited, nasty nature of Trump and his cohorts has caused a loss of faith in the American future.

And all this and more, without, so far, any major international crisis, but with it lurking on the horizon, and the thought of how Trump will handle it when the crisis arises, is literally horrifying, and sure to cause loss of American lives!

Final Reflections As America Votes In Midterm Elections Of 2014

Ronald 8 Comments

As America votes today in the Midterm Elections of 2014, polls indicate that the Republican Party will win control of the US Senate and will gain seats in the House.

As far as Governorships are concerned, the indications are that the Democrats are likely to gain a few seats, and defeat some Tea Party leaders.

To a great extent, this election is more negative–that is, throw out the rascals—as there is great disillusionment with government and with politicians.

Not that this is something new, as many Americans are ignorant about politics, and just think change for its own sake is good, which is often NOT the case!

The reality is that midterm elections generally favor the opposing party to whoever is President. But with the strange situation of a split Congress, rare in American history, it becomes much more complicated.

If the Democrats do, indeed, lose the Senate, which this blogger does not believe will happen, it will be seen as a defeat, which it would be, but it is a forerunner of a certain regaining of the Senate majority two years hence, as two thirds of the seats up in 2016 are Republicans, many of them winners in the major GOP gain in the midterm election of the first Obama term.

That fact, of two thirds of the 2016 seats being Republican, and the strong likelihood, that a Democrat will be heavily favored in the Electoral College in 2016 and beyond, as things stand right now, we can expect a massive gain of seats by Democrats then, hitting the high 50s, if not the magical 60 to overcome all filibusters.

The Republicans might win the majority tonight, but they will then have the onus of producing a record of accomplishment over the next two years to give them a chance to keep control of the Senate in 2016.

Based on their negativism and obstructionism for the past six years, that scenario is highly unlikely.

Instead, one can expect the Tea Party whackos on the right, led by Ted Cruz in the Senate, to do everything to prevent any progress, any action, any accomplishments, that they will be able to use in 2016 for Senate races and to support the GOP candidate for President.

Expect instead blockage of Presidential appointments to the cabinet and the courts; loads of phony investigations that will get attention, but accomplish nothing, except to demonstrate that the GOP are a group of showboats with no substance; and probably a move to impeach and put President Obama on trial, to besmirch his record, which will cause further stalemate and bitterness, and prevent any kind of positive action on so many signature issues.

And the GOP, continuing its racism, nativism, misogyny, and homophobia, will therefore self destruct and put themselves into the grave of history, instead of being a party that offers a bright future to more than just the elite one or two percent of whites who vote their interests, while middle and lower class whites vote against their interests because they are drawn to the disgraceful appeals mentioned above, even while many claim to be “religious”, but promote discrimination against minorities, immigrants, women, and gays and lesbians!

Destruction Of The Senate By Republican Recklessness With Filibusters: Time For Moderate Reform Of Senate Rules On Executive Branch Nominations!

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Senate Republican leader Mitch McConnell of Kentucky demonstrated that he was a total hypocrite when he attacked Senate Majority Leader Harry Reid of Nevada yesterday, declaring that Reid was destroying the Senate as an institution by his plan to change filibuster rules on Presidential nominations for cabinet appointments and government agencies.

Reid is not advocating that the filibuster be abandoned when it comes to judicial nominations or legislation, so what he proposes is very mild, simply to allow the executive branch to operate with the filling of executive branch related appointments by majority vote of the Senate.

Considering that the Republican Party has abused the filibuster hundreds of times in the past few years, an all time record, this move does not destroy the Senate, but rather makes it able to go about the business of confirming nominations so that when we elect a President, he is able to conduct government affairs in a proper fashion, without constant roadblocks that paralyze the winner of the election from having his own people in top executive branch positions.

The Republicans have brought this upon themselves, and they have made the Senate the laughing stock of the country, and it is time to modify, without completely abandoning, the concept of the minority able to stop the majority. It still will exist for the judiciary, and for all kinds of legislation, with a 60 vote threshold still required in those areas of Senate activity!

And there is no reason why the Democrats, at some point in the future, should want to block a President of the other party in his or her right to have the nominees he or she wants for the executive branch agencies to have an up and down vote of a majority of the Senate, so that the Presidency can operate in an appropriate way!

113th Congress To Set Record As Least Productive Since World War II!

Ronald 3 Comments

THe 113th Congress, the second consecutive Congress to be a split Congress of a Republican majority in the US House of Representatives, and a Democratic majority in the US Senate, the only two times that a split Congress has been of this such division in American history, is on its way to becoming the least productive since World War II, surpassing the dismal record of the previous 112th Congress in 2011-2012!

A reminder that the other “split” Congresses were of a Republican Senate and Democratic House, and a lot more was accomplished under that scenario in 1911-1913, 1931-1933, and 1981-1987!

But this 113th Congress is setting a record for obstructionism never seen in American history!

The GOP is preventing action on the following:

The rebuilding of America’s infrastructure, badly in need of repair.
Accessible and affordable health care for all Americans
Getting off dependence on foreign oil by having a clean energy agenda
Promotion of the protection of women’s health
Responsible gun regulations to prevent future Sandy Hooks
Immigration Reform
Air and water pollution regulations
Strengthening of voting rights and civil rights for all Americans
Wall Street and banking reforms to prevent future “crashes”
A new farm bill, including food stamp protection for the poorest among us
Student loan interest reform

Confidence in Congress is at an all time low of TEN percent! The Republicans have abused the filibuster weapon in the US Senate, and the Tea Party Movement in the House of Representatives has hijacked even the Speaker of the House, John Boehner, who is powerless in the assault on cooperation and crossing of the aisle so essential for anything to get done in Congress!

Only 15 legislative items have become law in the past six months, lower than the 23 which became law in the first six months of the 112th Congress!

Those who believe that divided and split government is good for democracy are learning the hard way that it is the prescription for statemate, gridlock, and total paralysis, and that the answer is to kick out the Republican House majority and elect a Democratic majority in both houses, ideally with a filibuster proof Senate of 60 Democrats!

Sadly, neither of these ideas are realistically tenable, so the halting of effective government is likely to continue, undermining the future of America!

Flag Day And Six Month Anniversary Of Sandy Hook Elementary School Massacre

Ronald 9 Comments

Today is Flag Day, when we honor our flag, and appreciate what the flag represents: freedom, democracy, and the greatness of our nation, and its history of supporting freedom and democracy around the world.

But it is also the six month anniversary of the Sandy Hook Elementary School Massacre in Connecticut, and the realization that NOTHING has been done to deal with the level of gun violence in this nation, not even a thorough background check being able to make it through the US Senate, due to the tactic of the filibuster, preventing a vote, even though a majority want such legislation.

It is unconscionable that we have had 14 massacres of multiple numbers of people since December 14, and that a few thousand people have been murdered in the past six months, not including those who have committed suicide by gun.

How can a democracy which represents such hope and faith in the future allow this level of violence to continue, and to be more concerned about the right to own firearms over the mass loss of life caused by unstable people who have no problem gaining access to firearms, and causing such widespread death and suffering?

We are the most violent society in the Western world, and we should hang our heads in shame that we are powerless in the midst of this violence!

The Senate In Crisis A Century After The 17th Amendment

Ronald 2 Comments

The US Senate was a very undemocratic institution a century ago, controlled by special interests, including the oil, steel, banking and other trusts and monopolies, and its membership selected by the vote of corrupt state legislatures across the nation.

The Senate was exposed for its faults and corruption by David Graham Phillips in his article in 1906 in Cosmopolitan Magazine, which has been reprinted in 2012, an article of 108 pages, a small book, exposing the corruption of Senate Majority Leader Nelson Aldrich of Rhode Island. This was followed up by other articles in muckraking periodicals, exposing the corruption of other US Senators.

These articles motivated a reform movement, leading to the 17th Amendment to the Constitution, establishing popular vote elections for the US Senate. It did not mean that every Senator elected was brilliant, or a positive force, but at least the people had the final say on who would represent them, as in the US House of Representatives!

Now, a century later, the US Senate is in paralysis, greatly due to the abuse of the filibuster system, which now requires 60 Senators to end a filibuster, while it used to be even worse, 67 before reforms in 1975. The filibuster was originally utilized to stop civil rights advancements, but now it is used to prevent any action on many nominations and many bills, effectively hamstringing any progress or change on anything controversial.

But also, it is clear that special interest groups, similar to those a century ago, but more such groups and more widespread, have made the US Senate captive again.

And with growing differences in population in coastline states, as compared to states in the interior, we are finding the concept of each state having two US Senators, whether they represent millions of citizens, or just hundreds of thousands of citizens, becoming one where states with few people, are able to stop what the majority of the American people want!

Four Democratic Senators, scared to death of the National Rifle Association, end up refusing to support the end of the filibuster on extended background checks on gun sales, and yet these Senators represent small populated states (North Dakota, Alaska, Montana, Arkansas) which represent only about 5.4 million people, out of a national total of 309 million people, meaning they represent 1.6 percent of the people, in a nation in which up to 90 percent, including gun owners, want extended background checks on gun sales.

We allow the 49th 48th, 45th, and 33rd states in population to hamstring the rest of the nation, absolutely insane when one thinks about it, and this is not just true on one issue, but many!

This problem of small populated states,the abuse of the filibuster, and special interest groups (including major corporations) is a situation which threatens resolution of ANY major issue facing the nation in the 21st century, unless, somehow, some kind of reform of an outdated system of the 18th century is brought about, which is extremely unlikely!

Threatened Filibuster On Vote On Gun Regulation Should Lead To Filibuster Reform In Response

Ronald 35 Comments

The threatened filibuster of having a vote on gun regulations, in the wake of the Sandy Hook Massacre, should be enough to lead to filibuster reform in response!

Five Tea Party affiliated Senators should be ashamed of themselves for not allowing a vote at the least, since the likelihood of major reform is highly unlikely. But in honor of the 20 dead children and six educators at Sandy Hook, plus the victims in the Aurora, Colorado movie theater and other tragedies, why not let a vote take place? How obscene and heartless can these five Senators be?

The five Senators who should be roundly vilified and condemned are :

James Inhofe of Oklahoma
Mike Lee of Utah
Rand Paul of Kentucky
Ted Cruz of Texas
Marco Rubio of Florida.

The latter three have Presidential ambitions, but if the GOP were to nominate Paul, Cruz, or Rubio after not allowing a vote by a threatened filibuster on the gun issue, then they are most certainly dooming themselves for the long term future, as a party being led by heartless lunatics of the far right!

Majority Leader Harry Reid is threatening filibuster reform, which is a simple majority of the Senate, if the extreme right wing stands in the way of a vote on background checks for gun purchases, supported by 90 percent of the nation and 80 percent of Republicans in recent polls. And John McCain has protested the idea of a filibuster, and even Senator Pat Toomey of Pennsylvania seems ready to promote some kind of gun regulation reform.

The GOP cannot allow its fringe members to destroy the party’s future, which is what the threatened filibuster would do!

Second Term Presidencies Are Difficult: The Odds Against Success Of Barack Obama!

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When one examines two term Presidencies, it is clear that there is a great likelihood of disappointment and failure as the President becomes a “lame duck”, and particularly, so after the midterm elections, as everyone looks forward to the race for his successor in office.

The following Presidents had difficult second terms:

Thomas Jefferson–with the Chesapeake Affair
James Madison–with the British attack on Washington DC during the War of 1812
Ulysses S. Grant–with the Panic of 1873 and exposure of the Credit Mobilier scandals
Grover Cleveland–with the Panic of 1893 and the Pullman Strike
Woodrow Wilson–with the First World War and the Treaty Of Versailles and his stroke
Franklin D. Roosevelt–with the failure of the Supreme Court “Packing” Plan and Recession Of 1937-1938
Harry Truman–with the Korean War and the Red Scare (McCarthyism)
Richard Nixon–with the Watergate Scandal
Ronald Reagan–with the Iran-Contra Scandal
Bill Clinton–with the Monica Lewinsky Scandal and the Impeachment Trial
George W. Bush–with the Iraq and Afghanistan Wars and Hurricane Katrina and failed attempt to privatize Social Security

The only Presidents to have successful second terms were:

George Washington
James Monroe
Andrew Jackson
Theodore Roosevelt
Dwight D. Eisenhower

Barack Obama hopes to bring about:

Immigration Reform Legislation
Gun Control Legislation
Climate Change Legislation
Stability in International Affairs

The likelihood of success is very doubtful, however, with so much division, conflict, turmoil, and polarization, caused by the Tea Party Movement and the Republican control of the House of Representatives.

At most, Obama might be able to promote changes in the judiciary, particularly on the Supreme Court, if vacancies occur, as is expected, but even there, it is assured there will be major battles over every appointment, and the possibility of filibustering nominees.

This reality is already showing itself with the interference and opposition to Susan Rice to be Secretary of State, before she was ever considered for nomination, and now Chuck Hagel, a possible choice for Secretary of Defense, who despite being a Republican, has already built up major opposition in the party that he represented in the Senate for 12 years from the state of Nebraska!

There seems the likelihood that no matter what Obama does or says, he will have vehement opposition, not only during the first two years, but even in his last two years as a “lame duck”, having less influence each month as the Presidential Election Of 2016 approaches!

The Need For Filibuster Reform In The US Senate

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The Senate is in a crisis situation, unable to accomplish much, due to the ridiculous filibuster issue, which has totally derailed action or voting on so many matters in the past few years.

The Republican minority has been able, just by threatening a filibuster, to block approval of judicial and executive nominations, and prevent serious discussion and voting on crucial matters. The filibuster, however, does not presently require that any Senator or Senators take the floor and talk for hours and hours, as Senator Strom Thurmond of South Carolina did in 1957, when he set a record of 25 hours for a personal filibuster, or having an 83 day group filibuster against the Civil Rights Act of 1964, before finally cloture was voted, and the filibuster was overcome.

So there have been proposals to modify the present requirement that 60 votes are needed to allow movement forward on any Senate issue.

Some want a simple 51 vote majority, similar to the 218 simple vote majority needed in the House of Representatives, while others want a 55 vote majority needed to move forward.

And others suggest something even less of a controversy: Bills for debate could not be filibustered, and filibusters could not be used to prevent formal negotiations with the House on Senate passed legislation, what is called the formation of a conference committee, which used to be common, and now is very rare.

Also, a Senator would have to be on the floor to mount a filibuster, or else, a vote on the bill would proceed. So the old filibuster rule, best represented by the Thurmond example, would require a commitment by one or a group of Senators to give the effort by personal sacrifices, speaking constantly on the floor of the Senate, to stop the bill from moving forward.

Senator Jeff Merkley of Oregon and Senator Tom Udall of New Mexico have proposed these reasonable changes, and Joe Biden, as presiding officer, could move such changes forward, but there are seven Democrats, out of the 55 in the new Senate, who seem to be opposed.

These are Diane Feinstein and Barbara Boxer of California, Carl Levin of Michigan, Patrick Leahy of Vermont, Max Baucus of Montana, Jack Reed of Rhode Island, and Mark Pryor of Arkansas. Notice that these Senators are all senior and older, longer serving members, with the shortest amount of service being Pryor, in the Senate since 2003.

This failure to understand how important reform is makes one watching this legislative mess feel very frustrated, and leaves one with the feeling that Senate reform will likely fail, and further undermine respect for our Congress and its ability to get things done!

The Constitution, The US Senate, Exceptions To Majority Rule, And The Filibuster Crisis

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Anyone who studies Congress knows that the House of Representatives is based on majority rule, the need to have 218 votes, if everyone is voting, to pass legislation through the chamber.

One would like to think that the same idea applies to the US Senate, that 51 votes are needed to take action, or 50 votes with the Vice President casting the tie breaking vote.

But, actually, the Constitution, drawn up by the Founding Fathers, set up FIVE conditions, where a two thirds vote was needed to take action.

A Constitutional Amendment requires a two thirds vote.

A vote to remove a President, Vice President, Cabinet Officer, Supreme Court Justice, or a lower level Federal Court Judge, after an impeachment trial, requires a two thirds vote.

A treaty with a foreign nation requires a two thirds vote for ratification.

An attempt to override a Presidential veto of legislation requires a two thirds vote.

The expulsion of a Senator, after investigation of his actions and behavior, requires a two thirds vote.

That is it, no other time when the Constitution requires more than a majority vote.

However, the evil action known as the filibuster has emerged to become a monster, which bottlenecks and paralyzes Senate action in recent times.

A rarity until 2007, the filibuster dates back a century, but was rarely used. But when it was, it required the individual or the group to spend hours upon hours speaking on the floor of the Senate.

Now, with 386 “filibusters” in the past six years by the Republican minority, with none of them leading to debate for hours and hours, but simply blocking action by the threat itself, it has become clear that action should be taken against this weapon of the minority to cripple the Senate,

So action is being planned to lower the filibuster numbers required to stop action from 60 senators to a number likely to be 55, but other plans are also being developed, and the decision will be made at the beginning of the new Senate on January 3, 2013.

More discussion of the filibuster will be done by this author in the weeks leading up to that momentous decision, to try to allow the Senate to act in a manner which allows action, rather than total paralysis, which has made the Senate lose its respectability!