In 1994, after Democrats lost control of the Senate, Senator Joe
Lieberman called a press conference with his colleague Tom Harkin to
announce their plan to reform the filibuster. "[People] are fed
up--frustrated and fed up and angry about the way in which our
government does not work," Lieberman said. "And I think the filibuster
has become not only in reality an obstacle to accomplishment here, but
it is also a symbol of a lot that ails Washington today." Lieberman and
Harkin's proposal to weaken the filibuster came to a floor vote and was
overwhelmingly defeated by both parties.
Recently it was this same Joe Lieberman, now officially an independent
but with a coveted committee chairmanship given to him by his Democratic
colleagues, who announced he would use that very same filibuster to stop
35 million people from getting health insurance if there was any public
option offered within the health reform legislation. As he no doubt
expected, his grandstanding earned him an invitation onto Face the
Nation, where he repeated his threat.
If there's a consistency to be found here, it's that in both cases,
Lieberman seemed to take a delight in undermining the legislative
priorities of his ostensible allies in the Democratic caucus. But the
problem isn't so much that Lieberman is wrong now (though, of course, he
is). The problem is that he was right then.
The filibuster has become a cancer growing inside the world's greatest
deliberative body. What was once a rarely invoked procedural mechanism
has metastasized and turned into a de facto supermajority requirement
for any legislation. In the 103rd Congress (1993-94) there were
forty-six votes on "cloture," the motion to override a filibuster and
allow something to be considered on the floor. In the last Congress, the
110th, the first one in which Republicans were in the minority, there
were a record 112. Even without the filibuster, our system already has
more choke points where legislation can die than almost any other
liberal democracy. It's rare for one party to control both houses of
Congress and the White House, and to have as solid a majority as the
Democrats currently do. But the filibuster confers such power on an
obstinate minority that it distorts the relationship between elections
and governance in a way that dangerously attenuates democracy itself.
The filibuster may seem like an arcane procedural issue to rail on about
(we've already published excellent articles about it in these pages by
William Greider and Thomas Geoghegan), but it has serious substantive
results. America desperately needs a twenty-first-century social
democratic reformation, but no such thing is in the offing as long as
the filibuster remains in place. As I write this, there are almost
certainly fifty-one votes in the Senate for a healthcare reform bill
with a public option and good subsidies, the Employee Free Choice Act,
and cap and trade. But there aren't sixty votes for any of those.
The filibuster has been reformed before, most recently when the
Democratic majority in 1975 voted to bring the requirement to end debate
from sixty-seven votes to sixty. As a constitutional issue, the Senate
makes its own rules, which means a simple majority vote can change them.
It was, after all, Republicans who made this identical argument in 2005
when they threatened to use the "nuclear option" to override Democratic
filibusters of their judicial nominees.
Many progressives then, shamefully, marshaled arguments in favor of the
filibuster, and many today will no doubt fear that its revocation will
come back to haunt us in the future when the right regains power. But
the filibuster is a conservative impediment in the deepest sense: it
maintains the status quo. And, Lord knows, this country needs change.
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