I finally set aside the time required to read George Packer’s long New Yorker piece on the broken state of the U.S. Senate. If you have a half an hour of free time, I suggest you do the same. I know most of the history that Packer recounts, but he has a lot of interesting anecdotes and on-the-record quotes from senators on their feelings about the institution. It’s an artful piece of writing. I got the sensation of actually being a U.S. Senator and sharing in the frustrations but also learning what kind of compromises are required to get things done. It gave me a little more empathy for what Baucus and Dodd had to go through to pass the Wall Street and health care reforms.
It’s sad what has happened to the Senate. Its creation was born of need (there was no other way to ratify the Constitution and create a union). But it might, perhaps, have contained some wisdom. I know America has enjoyed many benefits out of the stability the Senate provides. Major changes do not happen often, and there is rarely even the threat of major change because the Senate is both undemocratic and operates under rules that require a three-fifths majority to change anything. Without this stability, tax rates might fluctuate all over the place, and regulations would come and go every time control flipped in Congress. I don’t think America would have ever been so successful financially without this stability. But there are trade-offs in everything. Sometimes, action is urgently needed. Sometimes, a narrow majority has it right. We let people become officeholders based on narrow majorities, so the idea is kind of ingrained that a majority is legitimizing. No one learns in school that it takes a three-fifths majority to make a bill or appointee legitimate.
Yet, Packer makes clear that there isn’t sufficient support to amend the filibuster rules.
Newcomers like [Tom] Udall seem to think that the Senate has grown so absurd and extreme that some kind of reform is inevitable. Perhaps they need more time to plumb the depths of the institution’s intransigence. According to Sarah Binder, a change in rules is extremely unlikely; Republicans would be implacably opposed to, say, weakening the filibuster, and so would some Democrats, especially long-serving ones. “I would oppose that,” Chris Dodd said, adding of the freshmen, “These are people who have never been in the minority.” For older Democrats, who have put in their years, grown adept at working the rules, and now chair powerful committees, the reform impulse could be a threat. (Among senior senators, the sole enthusiast for rules reform is Tom Harkin.) One senator spoke of the Senate as being divided not between whales and minnows but, rather, between bulls and calves. The older Democrats are too accustomed to the Senate’s ways to share the frustrations of the newcomers; the handful of older moderate Republicans are too weak to challenge the newer radicals who now dominate the caucus.
If Ms. Binder is right, there will be no filibuster reform in the next Congress and I suspect that the government will simply shut down because the Senate will be incapable of passing its appropriations bills. I don’t say that as hyperbole. It happened before in 1995, and the current crop of Republicans seems to fear lending any support to anything the president wants done lest it confer some kid of legitimacy on him. I know there is a Party of No strategy that is partly justified by a desire to stay relevant and not get steamrolled. But I don’t think McConnell really has control of this beast. He controls it now while it is doing his bidding. But can he turn it off when he wants to? His base isn’t engaged in strategy, and they won’t understand or accept it if Republicans suddenly start doing things like engaging in the appropriations process.
Here’s my advice to the Democrats in the Senate. After the November elections, look around, and if you have less than 60 members in your caucus, make a list of the worthwhile legislation that you think you’ll be able to pass during the next two years if you don’t amend the filibuster rules. If you want to spend the next two years doing only what is on that list, then don’t change the filibuster. But if you are satisfied with that list, why don’t you just retire instead? After all, that page is going to be blank.
The article is certainly worth reading. It does seem something needs to change for anything to actually get done.
McConnell is getting cocky.
Nothing drives me more nuts than Republicans talking about the deficit.
“I think he’s going to have newfound interest in reducing the deficit, and I think that provides an area for bipartisan agreement,” McConnell said.
This is just hogwash. Obama paid for his Health Care bill, limited his recovery package, put AMT fix on the books, and appointed a fiscal commission. Most liberals did not like most of these moves.
Republicans advocate not paying for more tax cuts. They are just not serious at fiscal matters.
yes, he is. and seriously delusional:
according to mitch, elections, apparently, don’t have any consequences.
no change = 2 years of gridlock.
And, yes, Broder is still an idiot.
Sure is. He reminds me of why I never could stand Norman Rockwell or Reagan. Phony nostalgia for what never existed makes me puke.
Apparently Broder’s content to have the fate of the nation hinge on whether we get “leaders” capable of overcoming the institutional dry rot for just a little longer. We see the same pattern repeat over and over again among the nostalgia peddlers, whether it’s Broder, Dodd, or the Reps: With their marketing of false institutional stability, they in fact guarantee that a thoroughly dysfunctional government will finally collapse and bring down our best traditional values with it.
“It’s sad what has happened to the Senate. Its creation was born of need (there was no other way to ratify the Constitution and create a union).”
More than sad. I think there’s a real historic debate to be had on whether that compromise was worth it. Here in the twilight of the American Century it’s hard to quite grasp what the fuss was all about back then.
Here in the present, the arguments from the Doddies and Reps against filibuster reform spotlight the institutional stupidity of the Senate in particular and the ruling oligarchies in general. Those who claim to be protecting stability and deliberation advocate keeping a radical nonConstitutional gimmick, and in doing so absolutely guarantee a massive systemic failure that will shake our political traditions into chaos.
I would like to think that the spectacle will finally wake up Americans to what’s happening to their country, but there will no doubt be a celebrity divorce or a new fascist with nice boobs to exhaust our 15-minute attention span.
“Here in the present, the arguments from the Doddies and Reps against filibuster reform spotlight the institutional stupidity of the Senate in particular and the ruling oligarchies in general. Those who claim to be protecting stability and deliberation advocate keeping a radical nonConstitutional gimmick, and in doing so absolutely guarantee a massive systemic failure that will shake our political traditions into chaos.”
Check Steven’s post: we’ve already entered massive systemic failure on various fronts. With that in mind, I welcome government shutdown. I would be thrilled with a deliberate embrace of government shutdown by the dems: put forward strong bills everywhere, see the total obstruction of the repubs, and lay the utter-nonfunctioning of government at their feet. They’re obviously not ready to do anything about it. Why not embrace it? Really, how could things get much worse in the Senate? Perhaps such a strategy is somewhat risky, yes, but it is considerably less risky politically than the non-stop red meat repubs are tossing to their base.
I’m frankly not entirely sure senate republicans can maintain their discipline during a real showdown. Look at the health care fight. Let’s just make it about everything in general, not a few big issues. The new englanders will face intense pressure to let some things go through, and instead of it being one of them in rotation, they will all face it. I just don’t think if the Dems call their bet on 2 years of total obstruction, the reps will actually have the stomach for it. So anyway, who knows.
If a Republican filibuster leads to a government shutdown, McConnell will find a handful of sacrificial lambs to break the filibuster and vote for cloture.
A prolonged, total government shutdown is the only way the filibuster rule is going to get changed – because it will convinced the older Democratic Senators that the game really has changed and Senators are no longer the grown-ups at the party.
So it isn’t in McConnell’s best interest to allow a total shutdown of the government because of the filibuster. At best he’ll shutdown the government for a few days, then bring out the sacrificial lambs to vote cloture and then move on. It won’t change the overall strategy, but it will convince the older Dems that they don’t need to trash the filibuster, and that’s all McConnell needs.
That’s where the discipline comes in. Don’t let them off on some chickenshit compromise bill laden with tax-cuts and obscene war-machine waste. Make them vote on legitimate bills. Call their bluff.
I think it’s more than somewhat risky, but still the least risky alternative, assuming the election turns out as most currently expect. The biggest risk I see is that the GOP will succeed in spinning the shutdown as proof that “big government” can’t work and that the Dems cannot keep the country together. The Dems are genetically driven to water everything down in the name of “bipartisanship”. Unless they get over that, I’m afraid there will be no great goal for voters to rally around.
Still, a Senate that lets itself be run by a GOP minority will be even worse for the Dems and the country. The choice is clear, but that doesn’t mean they’ll do the right and obvious thing.
They’re genetically wired to water stuff down because they are the one party that actually wants to, and knows how to, pass bills in the Senate. Their genes have adapted to the stupid rules.
Ruling party vs. opposition party.
The Democrats can’t help but water things down for the same reason that the Republicans are incapable of governing – being the responsible, ruling party is fundamental to the Democrats’ DNA just as much as being the loud, obnoxious, rabble-rousing opposition is to the Republicans’ DNA.
If only that Republican DNA could be channeled for good. Sadly that hasn’t been the case for a long time.
Right, I’ve made that point many times. Fifty years in the minority totally scarred the Republicans and gave the Democrats amnesia about how to be an opposition party.
If the Democrats aren’t going to fix a clearly broken system, so they can actually do things, why do they expect people to vote for them?
Social signaling by choice of consumer goods, in this case, a candidate. It’s the same impulse that sells team logo sports culch.
I think democracy needs people to step back and take a broad look at the system. We wouldn’t suggest such a system that begs for corruption when a state like Vermont with 500,000 people gets the same representation as California with tens of millions of more inhabitants. How stupid is that argument? It is just too tempting for corruption. I don’t think the framers could have seen the great discrepancies in their compromise. The point has been made that House of Lords is basically for show now in the UK. In my opinion that would be a very good mutation for our US Senate. It is just a representative group of wealthy, greedy, and corrupted individuals who have been bought and paid for by what are now global interests. They refuse to reform and have the power to refuse to be reformed.