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January 04, 2011 06:53 PM UTC

Udalls, Bennet To Seek Filibuster Rule Change Tomorrow

  • 18 Comments
  • by: Colorado Pols

As the Durango Herald’s Joe Hanel reports:

Colorado’s U.S. senators have lined up with fellow Democrats for a one-shot chance Wednesday to change Senate rules that allow Republicans to block much of President Barack Obama’s agenda…

Various filibuster rules require 60 yes votes out of the body of 100 in order to pass a bill or even debate it. A single senator can also block debate of a bill or confirmation of the president’s nominees.

Sen. Michael Bennet called for reform of Senate rules during his election campaign last year. He is pushing for a vote Wednesday, when the new Senate convenes, to pass a new set of rules that diminish minority power. Democrats will have a 53-47 advantage in the Senate starting Wednesday.

Sen. Mark Udall also is pushing for approval of a new set of rules drafted by his cousin, New Mexico Sen. Tom Udall.

Democrats have a chance Wednesday to change Senate rules with a simple majority vote, rather than the two-thirds majority it usually takes.

Could have used that in 2009, don’t you think? According to Hanel, the rule change sought by Sens. Mark Udall, Tom Udall of New Mexico, and Michael Bennet would stop the ease with which a filibuster can be sustained by mere threats and assertions–requiring opponents to actually show up at the Capitol and speak from the podium, Mr. Smith Goes to Washington style, and be able to produce the 40 required votes to keep a filibuster going on a continuous basis. They also want to end the practice in the Senate of “anonymous holds” on legislation and nominations.

Momentary considerations always make weakening of the filibuster attractive to a narrow majority, though everyone looks at changes like these with an eye toward their own possible minority status someday. But there’s an argument that loosening of Senate rules allowing a small group of Senators to stop everything has hurt both parties’ rightful agenda in turn–and the public’s confidence in government generally. Requiring filibusters to involve effort, like the public assumes they do today, might at least help make sure they’re reserved for when really necessary.

Comments

18 thoughts on “Udalls, Bennet To Seek Filibuster Rule Change Tomorrow

  1. Two fewer phone calls I have to make on an issue.

    Changing the rule to require 40 Senators to maintain the filibuster is a common-sense approach.  Removing one-person secret holds and reducing the number of places in the legislative cycle where a filibuster can be held are the other two.

    Good for Colorado’s Senators, and good for the country if the rules changes in the Senate pass.  I wish I could say the same for the in(s)ane rules changes being proposed by the new GOP House majority.

    1. The Dems never used the arcane rules to the same effect the Republicans have since Obama took over. I see no reason to believe they would in the event they lost the Senate or the White House. At the very least, if this passes, it ensures that the Repulicans won’t be able to mount the same kind of obstructionism they’ve gotten away with in the last Congress.

    2. First- that should be “when”, not “if.”

      Second- Since they love it so much don’t you think it would be one of the first things the R’s would put back into place?

    3. At the beginning of the next Republican-controlled Senate session, Republicans could change the rules to force color-coded suit wearing if they wanted to.

      Look at the House rules for the coming session – they’re ludicrous, and far beyond anything Newt Gingrich ever imagined trying to foist on the 1995 Congress.  A Republican-controlled Senate will not feel bound by the current rules, and Democrats would be nuts to “keep the powder dry” by keeping the current rules.

      Aside from which, the proposed reforms are actually common-sense rules designed to return the burden of holding up the Senate business on the party that wants to hold up the Senate business.  And no more hiding behind “anonymous” holds, either – you want to block a nomination, take ownership for your action.  I’d support these rules were I a Democrat in the minority…

    4. One of the political consequences of majority rule is the pin political blame squarely on the party in the majority.  In parliamentary systems, they call it “responsible government.”

      In a system where almost everything requires bipartisan support to pass to some extent, attaching blame for a law to one party or the other is far more difficult.

  2. The article claims that “Democrats have a chance Wednesday to change Senate rules with a simple majority vote, rather than the two-thirds majority it usually takes.”  

    This has not historically been considered to be the case.  The traditional position on that issue has been that the Senate is in continous session, and so, unlike the House, all changes to Senate rules require a two-thirds majority to be adopted, even on opening day.

    Of course, since the Senate is the judge of its own rules, the “nuclear option” of simply ignoring the two-thirds requirement or the filibuster’s sixty vote requirement and declaring legislation to be validly passed is always available.

    1. it has never been decided, at least not in modern history.

      Nixon, while VP in 1957, issued perhaps the most authoritative opinion on the subject: that so long as any action affirms (either explicitly, or implicitly by conducting regular Senate business aside from those procedures required on the opening day of the Senate) the previous Senate rules, then those rules are considered to be adopted, and that, yes, the Senate was effectively “continuously” in session.  However, he also found that the seating of new Senators after an election effectively signaled a “new” Senate session which had the right to adopt its own rules without being bound by the previous rules.

      This is still the operating theory under which the rules changes will be discussed tomorrow (and which, if called upon to do so, VP Biden would almost certainly support).  But it’s never been tested, because the minority party in the end has always been more interested in sitting at the table to discuss such changes in the rules.

      In 1975, when the last filibuster reform passed, rather than face the prospect of hearing this “Constitutional option” judgment from the Senate President’s chair, the minority Republicans agreed to a resolution allowing a delayed floor vote on rules changes.  It took them until March to finally vote on the rules change.

  3. I keep hearing about the changes to the rules. I have looked all over the place, but I can’t find a copy to read.  Does anyone have a link?

    By the way, it is being reported that Reid is negotiating with Republicans.  When will the Democrats get a clue?

    BTW, having the filibuster will never be an advantage to Democrats.  Thet have no party discipline.  And, even if they could filibuster they don’t have the stones.

    1. The Democrats have been meeting in caucus since the beginning of December trying to come to an agreement on exactly what the changes might be, and those meetings of late have not included staff.  Apparently that’s cut down on the number of leaks significantly.

      I think the top proposal right now comes from Tom Udall’s office.  I’ll outline the generalities of it, but realize these changes may be altered by the time the rules pass…

      * Change the cloture requirement from “60 Yea votes” to “fewer than 40 Nay votes”.

      * Require the filibustering minority to continuously hold the floor and maintain their 40-vote block.

      * The filibuster can only be attempted at one point of debate for each bill (or nomination), or perhaps a small number of points.

      * Would remove or reduce the 30-hour “ripening” period between a cloture call and a vote.

      * Would remove anonymous holds.  Such holds must be performed as regular filibusters under the new rules.

      As an olive branch, it is reported that the proposed rules change would also allow a (not unlimited) number of amendments from either party on any bill.

  4. 400 – number of House bills not even considered by the Senate due to the delays caused by GOP obstructionism.

    125 – number of Administration positions requiring Senate approval that have not, AFTER TWO YEARS, received a vote on the Senate floor due to lack of unanimous consent to proceed to a vote.

    102 – number of empty Federal judicial seats held open largely because of Republican obstruction.

    48 – number of Obama judicial nominations still waiting for confirmation when the 111th Congress adjourned.

    30 – number of hours Senate business is delayed every time a GOP Senator objects to unanimous consent and the Senate wishes to continue to a vote.

    30 hours * (125 appointees + 48 justices) = 5190 hours of delay (minimum) to confirm all of Obama’s outstanding nominations to positions that need filling.  That’s more than a year’s worth of backlog (16-hour days, 6-day weeks – which the Senate does not do), with zero legislation considered, just to clear the current nominations list.

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