THE FILIBUSTER NEEDS A REDO
by Jo Fox Burr

When Republicans threatened to exercise the Nuclear Option in 2005 to effectively nullify the power of Democrats to filibuster certain judicial appointments, I was horrified. While the Nuclear Option would not change the rules regarding filibusters, it did provide a way to circumvent these rules. After watching two senators obtain significant and unpopular changes to the Health Care Reform Bill by threatening to filibuster, I began to wonder why I was such a strong advocate of the filibuster. 

As the health care debate evolved, many on the left expressed frustration with Obama for essentially not dictating his requirements. However, when Bush worked towards increasing Presidential powers through the excessive use of signing statements to alter bills and executive orders, the left argued he was trying to be more of a King than a President. 

The strength of our government is dependent on the balance of power between its three separate branches – the executive, the legislative, and the judicial.  Bush’s attempt to upset this balance might be his greatest transgression.  Whether or not it was Obama’s intent, letting Congress take the lead on health care gives it a chance to recoup the power it lost under Bush which could help to restore this all important balance. 

The problem is that Congress is now seriously crippled by the overuse of the filibuster in the Senate. The filibuster’s original purpose was to protect the minority right to debate. As Senators were elected for longer terms by a wider electorate, it was expected to be the more deliberative and mature body of Congress. It could be trusted to use the filibuster sparingly and wisely. It was a tool that was supposed to encourage bi-partisanship. 

Today the filibuster or the threat of a filibuster is being used far too often and mostly for the wrong reasons. Instead of protecting debate, it more often prevents it by obstructing the process. Instead of promoting bi-partisanship, it serves to deepen the chasm between parties. When Senator DeMint (R–S.C.) manages to lead a charge to defeat health care reform simply to create a Waterloo for Obama, you have to wonder what happened to the maturity of this body. You have to wonder if it can no longer be trusted to use the filibuster responsibly. 

At the very least, I think the filibuster needs to be modified. As it is, this tool gives too much power to an irresponsible minority, focused more on destruction than constructive compromise. Changing the rules related to filibusters is not as revolutionary as it might seem. As recently as 1975, the number required to end debate was changed from 67 to 60. The problem is that it still takes 67 votes to change any procedural rules. There are Senators, such as Harkin (D–IA) and Merkley (D–OR), working on this. Ideas include making changes that do not kick in for 6 or more years, or limiting filibusters to such things as nominations. I think it should be changed to simply require 55 votes to end debate. Obviously this is tricky to negotiate. Whatever solution is sought, Democrats must remember that we could become the minority again. 

What is important is that the process be changed. We have 60 votes in the Senate and cannot pass a Health Care Reform Bill with a public option because of the power the filibuster offers a few. Because this is difficult to understand, the public, including many on the left, become discouraged. The Democrats look weak, and the Republicans work to enhance this image. Yes, we are not able to hold all caucus members in line the way Republicans usually do, but we do not use the slash and burn tactics they use to do so – and I am glad of that. Modifying the filibuster will not solve all our problems, but it will help. AND it will strengthen Congress as a whole and this is maybe the more important issue.

NEXT KCDW MEETING – JAN 27TH

Kitsap County Commissioner Josh Brown, who is running for re-election in 2010, will talk with us about the new Silverdale Community Center which will be including a wonderful new YMCA. This is a project he has worked very hard to bring to Kitsap County. Josh is starting his campaign early and hard and has already picked up the support of a couple of previous opponents. The KCDW Executive Board will be recommending that we vote on his endorsement at this meeting.

THANKS, BERT JOHNSON

This is a special thanks to our webmaster, Bert Johnson, who has made significant progress on our website at http://www.kitsapdemocraticwomen.org. Not only has he spent considerable time and skill making it a very informative site, but he has also generously paid for our first three years of web hosting for the site. Check it out.

In denouncing the use of the supermajority rule – such as that which is required now to break a filibuster in the US Senate – Alexander Hamilton wrote in Federalist No. 75, “The history of every political establishment in which this principle has prevailed is a history of impotence.”

Jo Fox Burr, Newsletter Editor - foxburr@comcast.net