Majority Rule

Time For Democrats To Play Hard Ball: Plan To Change Senate And Supreme Court If They Win White House And Congress

Ronald 7 Comments

With the Republicans and Donald Trump moving ahead to fill the seat of Ruth Bader Ginsburg with so little time until the election, when it should be left to the winner of the Presidency on November 3, it is time for the Democrats to play hard ball IF they win the White House and both houses of Congress, which at this point seems likely.

What can the Democrats do?

Move to create two new states that are territories now, but should be made states—Washington, DC and Puerto Rico! That would add four new Democratic seats to the Senate and about one seat for DC and four seats for Puerto Rico to the House of Representatives, most likely all or mostly Democratic members.

Get rid of the Senate filibuster that requires 60 votes on major legislation, and make it 51 votes, as the House is based on majority rule.

A third idea is to increase the Supreme Court to 13 members if the present Court becomes 6-3 conservative.

While these are seen by many as “radical” ideas, it may be the only way to promote the saving of health care; women’s rights; labor rights; gay rights; climate change legislation; criminal justice reform; aid to Americans as the Covid-19 Pandemic continues; and many other progressive reforms!

The Crucial Importance Of A Democratic Senate And President For The Future

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The battle for Democratic control of the House of Representatives, the need to gain 17 seats, is a bitter one, with right wing groups spending millions to make sure that the Republicans keep control, and prevent any furthering of the Barack Obama agenda.

Due to the reality of gerrymandered districts, created by Republican legislatures and governors, as a result of the 2010 midterm elections, the concept of majority rule has been distorted, with Democrats winning more total votes nationally in Congressional races, but Republicans able to win a majority of seats, and oppose everything Obama wants, and cause a shutdown of the government in October.

Due to the extremism of the Republican House as a result of the “hostage” situation created by the Tea Party Movement, the 2013 session of the Congress has been the worst since records were kept in 1947, but now the “establishment” Republicans are declaring war on the Tea Party right wingers, and trying to insure that the mainstream conservatives, led by Speaker John Boehner and Senate Minority Leader Mitch McConnell, will be able to control the future.

At the same time, right wing pressure groups are trying to defeat a group of conservatives in House and Senate primaries, so the civil war may give Democrats the opportunity to gain enough seats to make Nancy Pelosi Speaker again in the 114th Congress of 2015-2016. That would allow the budgetary power of the House Ways and Means Committee to be back in Democratic hands, giving them the opportunity to reverse regressive policies perpetrated by Republicans since 2011.

But even more important is the keeping of a Democratic Senate majority, with the ability to get appointments of the President confirmed by a majority, rather than needing 60 votes to overcome a filibuster. This is particularly important for federal district and circuit court nominees, and for the eventual approval of Supreme Court nominees on the aging Court.

Part of this is also the need to have a Democratic President after 2016, as that reality, plus a Democratic Senate, would guarantee that social conservatism would lose out on such issues, as abortion, gay marriage, civil liberties, civil rights, and so many other issues that are crucial to the long range future of making America a nation of fairness, justice, equality, and tolerance!

HUGE Victory For Obama And Democrats In Reform Of Filibuster Use!

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Finally, after almost five years as President, Barack Obama can savor victory, knowing he will be able to get his nominees for all federal executive branch positions and federal judiciary, except for the Supreme Court, confirmed by the Democratic Senate. Majority rule will govern, as it should, and as it does, in the House of Representatives!

And because the Republicans shot themselves in the foot, not allowing the approval of three nominees for the DC Circuit Courts, they will now see the federal courts tip dramatically toward Democratic and more liberal judges!

At the moment, there are exactly 390 federal judges appointed by Republican Presidents, and an equal number of 390 federal judges appointed by Democratic Presidents.

If Mitch McConnell, the Senate Minority Leader, had allowed the confirmation of those three judges that were just voted down by the use of the filibuster, requiring 60 votes to move a nomination, then the balance would have remained on the federal courts between Democratic and Republican appointments.

But now, that is not so, and the Democrats and Barack Obama will gain a potential total of 93 appointments for vacancies on the courts, making for a one sided Democratic control of the judiciary, which will last for years, as the judiciary are on the court for life, not limited terms.

So as the Republicans lick their wounds, and realize their abuse of the filibuster in the past five years, and their arrogance, have led to this moment, the Democrats have a lot to celebrate about, as nothing is more important than affecting the future of constitutional law, and the Republicans have given the Democrats a huge victory, which will reverberate for decades, and give those who believe in progressive reform and change, a sense of hope that there IS a future in America, for others than rich, white people!

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

Ronald Leave a comment

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!