I doubt that it helps much, but I am still writing to my Senators (with copies to Senators Reid and McConnell) and asking for Senate rules reform:
Vice President Biden (as president of the Senate),
Senators,
I read an interesting article today on Senate rule reforms. Before I comment on the article, let me say that whatever value and justification the filibuster may have had in the past was irretrievably ruined by Republican abuse of this procedure in the last two years. The record number of filibuster actions and cloture votes absolutely brought the Senate to a standstill and prevented it from performing its constitutional responsibilities.
The Senate rules have to be changed and I urge all of you to support the proposals from Senators Udall, Harkin and others.
Now to the article:
"There is strong belief on our side that the filibuster has been abused, but there’s almost universal agreement that a bipartisan solution is best, and we are still working towards that," Schumer said in a statement.
Senator Schumer, I applaud your effort to reach a bipartisan solution and sincerely hope that you succeed. However, please realize that serious, fundamental reform has to go forward even if bipartisanship has to be sacrificed. By all means, compromise where you can but do not break the fundamental reforms in the proposals. The final reform has to accomplish a few things at a minimum:
- There should not be a cloture vote required to begin debate
- There should not be secret or individual holds of either legislation or nominations
- Continuation of a filibuster should require active debate and an affirmative vote to continue the filibuster, rather than inaction while a bill is "held"
- For confirmation votes, there should be no delay between a successful cloture vote (or failed filibuster vote) and the final vote on the confirmation
The second quote that caught my attention:
Republicans have balked at the Democratic push to change the rules, with Minority Leader Mitch McConnell (R-Ky) dismissing it as an attempt to "nullify" last November’s election and make it easier for the majority to advance its agenda.
Mr. McConnell, this is the height of hypocrisy. If you remember, there was also an election in 2008. You spent two years doing everything you could to "nullify the effects" of that election. Republicans are now called the "Party of No" for good reason. Then there was an election in 2010, and although there is almost parity, the Senate still has a Democratic majority. Abusing the filibuster to deny the majority the opportunity to function is the power grab that attempts to nullify the election.
Constitutional checks and balances are provided by two independent Houses of Congress, a separate Executive branch and a separate Judicial branch. There is nothing constitutional or democratic (with a small "d") about a minority in either House blocking all action. The voters have spoken and it is time to let our elected Senators and Representatives perform their duties.
At one time, the filibuster may have been a valid practice, exercised rarely on matters of serious dispute. No longer. In the last two years it has been sorely misused to stop all progress, even delaying non-controversial actions that eventually passed by a large majority. Holds on nominations have been equally abused - for one example, Senator Shelby's infamous hold on some 70 nominees (February, 2010) because he was upset about a Pentagon procurement decision. It is time to reform the Senate rules and end these abuses.
Sincerely,