Posted on 02/08/2017 8:21:11 AM PST by Behind Liberal Lines
What allows Schumer to thwart the majority’s will and paralyze the Senate? Not the U.S. Constitution, as the framers designed it.
The answer is a centuries-old Senate practice called the filibuster. Senators in the minority could take the floor and talk endlessly, never agreeing to formally end debate so the majority could vote. They’d talk the legislation to death or “filibuster” it, in the process shutting down all other Senate business. The House never permitted it, always allowing a simple majority to shut down debate.
In the Senate, the idea was to make sure the minority was heard. But over the years, the rule was exploited to actually stop legislation altogether...
in 1975, the Senate modified the filibuster, adopting a 60-vote rule. Senators could close debate and bring legislation to a vote — if they had 60 votes to do it. Since then, senators don’t have to monopolize the floor and debate endlessly, shutting down all business. Threatening to do so is enough to hold up a bill. Call it a fake filibuster.
D.C. insiders talk about the 60-vote rule as if it were sacrosanct, the holy grail of democracy. That’s not the case.
The framers designated five circumstances requiring a supermajority: convicting an impeached president or other high officer, amending the Constitution, ratifying a treaty, overturning a presidential veto, or expelling a member of Congress. That’s the list. Passing laws and confirming justices aren’t on it.
At the Constitutional Convention, the framers considered requiring a supermajority in the Senate to pass laws but repeatedly rejected the idea.
(Excerpt) Read more at spectator.org ...
All Mitch has to do is invoke Rule 19...the dims will each get five minutes to speak twice,then it is done.
They aren’t filibustering. They are threatening a filibuster and depending on Republicans to make them actually do it.
I sat up for a while last night to watch the “debate” on CSPAN. The US Senate is a disgrace as an institution! All this crap about “comity” is just that, CRAP! If the Senate can’t function to abet the legislative process, it should be abandoned. Everyone should watch it in “action!”
I would like to see the filibuster totally ended.
Like the article says, better to let 2 houses and a president with veto power be the balance against bad law being enacted.
I agree but if there aren’t votes to do that, at least limit it to what it was pre-1975.
The filibuster became useless with the 17th Amendment, when the Senate because just another popularly-elected legislative body.
before 1975 you needed a 2/3rds vote to end debate (invoke cloture). 1975 they changed it to 3/5ths.
Agree x1000. The filibuster as used today creates minority rule that is not in the Constitution. I have no problem with Senators who feel strongly about anything holding up proceedings while they grandstand. Then, when they are done grandstanding, the Senate must be able to move on. A week or two of delay is all that should be allowed.
WHEN IS A FILIBUSTER NOT A FILIBUSTER?
These days Senators don’t actually have to filibuster by staying awake and talking endlessly.
Senators are such gentlemen that they have altered the rules so that all the opposition has to do is declare a filibuster.
So now they can just say that they are conducting a filibuster without actually filibustering in the old way - then go about other business as usual.
They conduct “virtual filibusters” because conducting filibusters in the old way would be to crude, gauche and ungentlemanly.
The change was made in 1975 when the Senate adopted rules that allow other business to be conducted while a filibuster is technically underway.
Since then, Senators do not need to stand up on the floor and make their case to their colleagues and their constituents in order to halt legislation.
Instead, “virtual filibusters” can be conducted in absentia so as to not cause discomfort or inconvenience.
Yep. Exactly the point of the article.
I never really understood the point of the original filibuster. Why couldn't the majority just wait until the senator who was filibustering croaked?
Amen, and amen!
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