Senate Republicans: Filibuster Everything to Win in November?

by: David Lightman  |  McClatchy Newspapers

Senate Republicans: Filibuster Everything to Win in November?
(Image: Jared Rodriguez / t r u t h o u t; Adapted: plastic nico, Eileen Delhi)

Washington - Senate Republicans are using the filibuster to limit and often derail Democrats' initiatives, paralyzing the Senate and making it nearly impossible to accomplish even the most routine matters.

The filibuster strategy "makes the Senate dysfunctional," said Mark Strand, the president of the Congressional Institute, a nonpartisan research group. That, in turn, blocks the Obama administration's agenda, but it also sours public opinion on Washington, with polls showing clear public disdain for Congress in particular. Republicans think voters will reward them for that in November.

However disruptive it is to governance, their extensive use of the filibuster — extended debate to block a decisive vote — could prove to be a valuable campaign asset this fall. Democrats used similar tactics in 2006 and won enough seats to gain a Senate majority. Now Republicans hope it's their turn.

Since Barack Obama became president nearly 13 months ago, Republicans have made it clear that 60 votes — the number needed to cut off debate in the 100-member Senate — are required to pass not only major Democratic programs, but also many routine proposals. (Democrats controlled 60 Senate seats from July until last week, when Sen. Scott Brown, R-Mass., was sworn in.)

"Republicans have ratcheted use of the filibuster up to completely unheard of levels. Look at the things that the House (of Representatives) has passed that can't make it through the Senate. The list just keeps growing," said Norman Ornstein, an expert on Congress at the American Enterprise Institute, a center-right policy organization.

Chart of cloture votes per term of Congress

The list includes legislation to overhaul health care, which has stalled and isn't a good bet to be revived; global warming legislation; and a bill to overhaul financial regulation. Thursday, Senate Majority Leader Harry Reid of Nevada scaled back a bipartisan jobs bill, fearing that a larger package would get tied up in a filibuster. He also filed a "cloture petition," meaning he plans a vote to cut off a filibuster if one starts.

The Senate's 2009-10 votes to cut off filibusters have come on a wide variety of issues, big and small: Health care, domestic and defense spending, and 15 Obama nominees. While 38 of the 42 votes to cut off debate were successful, the debates about debates tie up the Senate and often prevent measures from ever reaching the floor.

"Republicans are gambling they can convince the American people Democrats can't get much done, and at the moment, their gamble is paying off," said former Sen. Bob Kerrey, a Nebraska Democrat and the president of the New School in New York.

Filibusters weren't supposed to be this effective in the modern era. Senate Rule 22 used to require 67 votes to shut one off. However, outrage at filibusters against civil-rights legislation in the 1950s and 1960s, plus the post-Watergate clean-up-government mood, led to the adoption in 1975 of a 60-vote threshold for ending filibusters.

Ironically, that change helped popularize them.

"Filibusters seemed less Draconian," said Frank Mackaman, the executive director of the Dirksen Congressional Center, a nonprofit research group in Pekin, Ill. "They used to be used for the most important issues, but that's changed."

The evolution was gradual; for decades bipartisanship was still valued. Ronald Reagan's 1981 tax cuts attracted lawmakers from both parties, and even in the early George W. Bush years, his tax cuts, education plan and bid to wage war in Iraq won bipartisan support.

The rise in filibusters began in earnest in 1987, said Senate historian Don Ritchie, when Majority Leader Robert Byrd, D-W.Va., began using the tactic more frequently. Democrats had regained control of the Senate for the first time in the Reagan administration, and Byrd often felt he could attract enough Republicans to get his agenda through.

In the 1990s, the two parties became more polarized, changing the nature of the filibuster. "We used to say a working majority was 55, because you could always get five from the other party on various issues," Ritchie said. "But that middle ground kept getting smaller and smaller."

In addition, interest groups began watching filibuster votes more closely, so "members are rewarded for blocking legislation; it's a badge of courage," Mackaman said.

The biggest change came during the 2005-06 session of Congress when Democrats ramped up use of the filibuster. The party controlled 45 seats and sensed the tactic could spur political gains in 2006. Democrats threatened or used filibusters on a wide variety of issues, including legislation affecting campaign finance, abortion, war spending, the Patriot Act, and the nominations of Samuel Alito to the Supreme Court and Dirk Kempthorne as Interior Secretary.

Democrats gained six Senate seats in 2006, capturing the majority, and for the next two years the unified, energized party used the tactic to defy increasingly unpopular President George W. Bush. The Senate took a record 112 votes to cut off debate in the 2007-08 session, about 18 percent of all Senate votes.

The current Congress is on a somewhat slower pace; so far, the 42 votes are about 10 percent of the total. While Democrats insist that Republicans are being obstructionist, GOP senators have a different view.

"It strikes me that Democrats are looking for someone to blame for their failed agenda that they can't even get Democrats, let alone the American people, to support," said Sen. Orrin Hatch, R-Utah, a 33-year Senate veteran.

Clearly, however, Republicans think they'll gain politically at the polls, hoping that an annoyed public will punish those in power — Democrats — in this year's midterm elections.

"Being unable to stop filibusters can make the party in power look ineffective," said Julian Zelizer, a professor of history and public affairs at Princeton University, who's written extensively on the filibuster. "The Republican goal now is to make Obama look like an ineffective leader."

To that end, Republicans appear to be taking the filibuster to a new level. They've filibustered 15 nominees to mid-level jobs that formerly got routine approval; all ultimately were confirmed except for Craig Becker, whom Obama nominated for the National Labor Relations Board.

Tuesday's bid to cut off debate on Becker fell eight votes short and infuriated many Democrats, who saw the GOP blockage as "unprecedented," as Judiciary Committee Chairman Patrick Leahy, D-Vt., put it.

Sen. Tom Harkin, D-Iowa, is leading a bid to change the filibuster rule so that debate could end if 51 senators agree. However, Reid said that's unlikely.

"It takes 67 votes (to make a rules change) and that kind of answers the question," Reid said Thursday.

Anyway, added Nathan Kelly, a faculty fellow at the Howard Baker Center for Public Policy in Tennessee, "Republicans are not going to be in the minority forever, and they've legitimized the extensive use of the filibuster for Democrats when they're in the minority." 

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Is this getting through to

Is this getting through to the 250 million sheep also known as registered voters? There is no longer a lesser of the 2 evils. Both of those parties care nothing about any of us. All they care about is that their feed trough is filled to over flowing. 10 million of us need to march on Washington and arrest all those bums for treason. BOTH parties!



vote out every Republican,

vote out every Republican, vote out every
conservative Democrat, vote in a Democratic
absolute majority forced to pledge allegiance
to progressive democracy.
Dismantle the cartels and the monopolies.
Do it now.



rise the the Jolly Roger

rise the the Jolly Roger flag, replace the the old glory!



The Republicans should be

The Republicans should be asking Newt Gingrinch just how well their program of governmental gridlock worked out for them back in the 1990's.

Personally, I think that if this is the best the Republicans can give us, gridlock and a decade of incompetent conservative rule, that I will never vote for another one as long as I live.

The spelling of Newties last name is not a mistake.

And I think that even one Republican elected to so high an office as local dog catcher, will be one Republican too many and a thousand years too soon. Come to think of it, I am willing to extend that to Democrats as well.

Let's find alternatives to the D's and R's, people who care about the country, not their party or pocketbooks or their wealthy friends.



Haven't Republicans looked

Haven't Republicans looked at any of the numbers? The tactic of NO isn't working in terms of endearing them to anybody. I agree we need to vote out every Repub as well as conservative Dems. However, how many Dems will it take to pass a bill when they already have a majority?



Obama can change the rules

Obama can change the rules to get things passed, but I think he likes "working with the Republicans": you know, bipartisan style! Obama has not made a good faith effort to pass any change based agenda, including health care. He could have fought for single payer right from the beginning, threatening the positions of the Democrats would would not support him. But you did not see this. What you did see was Obama threaten the Progressive House Caucus when then threatened to not pass his massive war budget bill. That should tell you what Obama is all about. He hates the Left in a society that is now full hilt pulled to the right. By definition, any reason legislation to change the status quo would by necessity be that coming from the Left. But as I said: this President HATES the Left, avoids them, ignores them. We have a right wing Democrat, or Conservative Republican President, much like Bill Clinton, yet, actually to the right of him as well.



What we really need is

What we really need is another Continental Congress made up of leaders who will direct and control the next American Revolution to preserve and protect our Constitutional rights. This bought and payed for government needs to be replaced by force if necessary. This corpocracy must fall...even if we need to pay for it with our own blood. Our children's children shouldn't have to live under the heel of an elite aristocratic class. Especially one beholding to our military to advance an exploitive agenda of global domination.



IT will be pervert if

IT will be pervert if Republicans stalling tactics win the majority of voters trust. Perserve indeed to think that voters would vote to have gidlock in the federal government. I guess it's similar to the veteran or the social security recipient opposing universal coverage for health insurance because they are afraid their public benefits will suffer. What they don't realized is that stalling health care reform is disadvantaging Medical and VA, Prices are going through the roof, coverage is retrenching. Inaction is action.



I was long ago taught that

I was long ago taught that the nation and the well-being of its people came first, that power and position on the street were little more than the goals of the criminal class, or when in politics the same became the prime driver, the watchword became Treason.

Republicans/conservatives/conserva-dems, Dems -- any and all that play the "Power uber alles" game are treasonous bastards and should be dealt with as such.



Republicans are not

Republicans are not obstructing Obama’s agenda. In fact they are helping him to fulfill his “procrastinating” agenda. Both Republicans and Democrats are the winners. Obama wins because he has an excuse for doing nothing. The Republicans win because they capitalize the frustration of the people. They are Obama’s best allies at this moment when the veil has been lifted. One year of talking and compromising, only to be rebuked. This is a very cleaver strategy, giving the impression that one is trying to do something and knowing that nothing will be accomplished. Remember the deal with the Big Pharma. The next turn will be for Republicans and Democrats will play the same(Republicans) game.



A couple of things. First

A couple of things. First Obama cannot change anything in the way of how the Senate operates. He is not a member of that body and cannot affect its rules. ON the other hand,
Reid can change the rules, but is not doing so for his own reasons I suspect.

Second, this strategy is only going to work as long as FOX News and the rest of the MSM allow it. The amount of time spent by MSM reporting what FOX News is spewing is only reinforcing the FOX message, and therefore, it becomes embedded in the minds of the American People as fact, when it is not.

Third, if the Democrats want to show up the Republicans, then they need to make them really filibuster, and televise it. Make them stay on their feet until they stop willingly, 24/7, and stop adjourning each night until they do. As long as the Senate is in session, the Senator (s) involved must keep talking. If they keep it up for a few weeks and everything in this nation grinds to a halt, the Democrats have their message: We let them filibuster us right into collapse! If that is the kind of government you want, then vote Republican - We think governing is better than just saying NO!

This is a very dangerous tactic unless you are assured that you can frame it not as obstructionism. When the majority in 2008 elected Obama it was because of the message of changing DC - it is up to the Democrats to show that they are trying, and the Senators who are stopping any meaningful legislation are the Republicans and their allies, Joe Lieberman, Max Baucus, and the rest of the Blue Dogs. If they frame it right, and follow the voter only financing mantra, they should be able to actually win over a few seats. Of course, that would the right thing to do, and as we know now, the DNC could not do the right thing if its life depended on it. Of course, this time it does, so it will be interesting to see what happens.



Americans need to wake up to

Americans need to wake up to the fact that the "Lost Decade" was brought about by incompetent, and very corrupt Republicans. And the momentum of the downfall they left us in, could not have been reversed even without their obstructionism! If they think that their obstruction of vitally needed reforms to right the wrongs THEY caused will cause voters to flock to their side, they need to have their heads examined. Democrats need to expose their absolutely evil strategies and ensure that nothing like that will ever happen. American voters need to look to the past to be informed enough to block any such strategy and make sure our government is rid entirely of those politicians who would use such counter-productive tactics to strangle our country, brought to its lowest level since the Great Depression. DON'T LET YOUR CHILDREN GROW UP TO BE REPUBLICANS!



It's like working with the

It's like working with the Iranians. He had to try.

Now that the Republicans have rejected all his policies and offered nothing in return, it's time to pass health care reform -- and pass it WITHOUT NELSON's BOONDOGGLE. Get rid of the pork-like concessions that were made to Louisiana, Nebraska, Florida and Connecticut. Get rid of the very few really bad concessions that were done to get 60 votes.



Democrats are losing the

Democrats are losing the media war.

Get out there and fight! Time to hire some marketing experts. What the Republicans are doing to block things the American people want needs to be publicized in an effective manner.

Sessions blocks 70 appointments -- and the Democrats are letting him do it without making the whole Republican party pay! Time to make point out how outrageous this is.



Make the Republicans in the

Make the Republicans in the Senate stand up and talk if they want to filibuster. Don't just say OK, we won't vote on it.



To 18:43 who wrote

To 18:43 who wrote simplistically:

"Obama cannot change anything in the way of how the Senate operates."

Oh, yes he can. by commanding Reid to do his will or else.



If Filibusters are REAL --

If Filibusters are REAL -- talking, talking, talking, even the stupid public will see that it is the Republicans that are blocking everything.



Expose the Republican's

Expose the Republican's tactics. Make the do a real filibuster. That is the only way they will be exposed because they lie, lie, lie. Fox News also lies.



Why all those independants

Why all those independants are going to vote republicans in in 2010 is beyond me, but I believe they are going to do it. Logically, won't that create more gridlock? The dems had their chance and they blew it, so now voters are going to slowly sway back to republicans. I wish they would go for a democratic super majority for the sake of the country, but they won't.



Go for reconcilliation. Bush

Go for reconcilliation.

Bush used it to pass huge tax cuts for the rich. Those tax cuts are mostly responsible for the budget deficit.

The people of this country want health care reform. If the Democrats don't pass it, they will deserve to get tossed out in November.



BECAUSE--- Its all about

BECAUSE--- Its all about power and who is perceived to have it... Obama and the spineless, self-serving-individual Democrats just cannot get their mind off their own, individual butts and their own individual elections and around what leadership really is all about once elected to a Government. On thing for sure, it has nothing to do with trying to 'get along' with Republicans in a supposed Democracy... Republicans do cling to 'ideology' as a center of gravity when governing (or not governing ) even if its based in being insanely pro-corporate and just flat out insane... Democrats are a big tent full of 'everybody-in-it-for-themselves'... The is no unity among Democrats, no governing ideology and no matter how much national demographics are moving in their direction, if they cannot act in unison on anything, then they have no power and so, in the minds of too many American voters, they cannot lead.... The most unfortunate thing is that most Americans hate both those Corporate Parties, but we're stuck with only those two choices every election cycle because keeping other political parties from the National stage and national debate is the one thing both Democrats and Republicans agree to and collude on... So see--- its all about power and who has it regardless of what that means for you and me... And frankly, the party aligned the most with Corporate Interests, Corporate money and CONservative Corporate Media and can project a governing ideology and strength, whether true or not, wins the power-prize.



Dear Mr. President..., Its

Dear Mr. President..., Its not about 'Can't We All Get Along'.... Its about Power and '''''LEADERSHIP'''''..................Think of this formula--- POWER + ACTUALLY WIELDING IT= LEADERSHIP..! and that my friend is what Americans crave more than anything..., the feeling that WE are actually being Led and Well Governed for the sake of us all....



The Senate is paralyzed not

The Senate is paralyzed not by the filibuster, but by the threat of the filibuster. If Harry Reid had the balls to let 'em start reading the phonebook, the Republicans would make themselves ridiculous, and would turn off voters. Instead, the GOP calls the Democrats ineffectual, and the voters just may buy it.



The Republican strategy will

The Republican strategy will work very well, especially given the Democratic strategy. There are enough people who will fall for anything, no matter how stupid or untrue. Remember the Swift Boaters? There will be fewer voters than in 2008, and that always benefits the right-wing. (I guess hate, fear, and blood-lust are the best motivators.) Small donors will not be giving money like they did in 2008, while corporations, recently unleashed by the traitorous Supreme Court, will be spending like crazy. Nobody on the right will blame the Republicans, even though the stagnation is mostly their fault. People on the left will be very disillusioned (rightfully so) and many will stay home.

When this happens, it will be just as much the fault of Obama, Reid, and the other "centrist" Democrats, and of course of the conservative Democrats who keep siding with the Republicans. Continuing to strive for, or even talk about bipartisanship when EVERYONE KNOWS the Republicans have no intention of cooperating in the least is stupidity, and the people smart enough to see through the Republican strategy of NO will also see the Democrats as being too stupid to be trusted with running the country. With nobody worth voting for, much less contributing to or working for, liberals will simply stay home and let the Democrats lose.

The stand-off between Gingrich and Clinton was very different. It was one of the few times Clinton didn't capitulate to the right-wing, and the voters rewarded him for it and punished the Republicans for bringing government to a standstill. Now it is not so clear who's fault it is. Reid could force Republicans to actually filibuster, do more through reconciliation, or even support eliminating the filibuster entirely. But he's too scared, as usual, to even try to do the right thing.

Obama has finally started to fight back verbally, and that will help, but it's not enough. Words alone will not get anything done. Reacting to complete and utter opposition and blockage by trying to compromise is a stupid strategy. It is not stupid to try it once or for a short period. But once it is clear that strategy won't work (as it has been for many months), that strategy should be abandoned. You can still say you tried to compromise if you stop trying when it doesn’t work. But if you keep trying to compromise once it's clear it won't work, you begin to look either stupid or out of touch with reality. Obama and Reid have gone far past that point and are beginning to look insane.



I guess Republicans lead

I guess Republicans lead with a 41 to 59 minority, then. I mean, 41 is greater than 59? ... Right? Let them filibuster, and let them be known as the party of obstructionism and gridlock in government. Meanwhile, someone on the Democrat side might review this procedure called "reconciliation" I keep hearing about.



If the Cons win in

If the Cons win in september, all of the gridlock will end, because the Dems don't have the spine to do what the Cons are doing. When they had the majority under the Bush Regime they got just about everything they wanted. If the Dems threatened a filibuster they used reconciliation. They didn't let anyone stop them, not even the American people. I'd like to see that kind of spine in the Democratic party.



CORRECTION. THE DEMOCRATS

CORRECTION. THE DEMOCRATS HAVE NEVER HAD A SUPER MAJORITY OF 60 VOTES.

Joe Lieberman is an Independent arse
Bernie Sanders is an Independent as well.

So, quit the lie about Dems having a super majority especially if one of the votes is from Joe Turncoat Republican Arse Kisser Lieberman.



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