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writing for godot

Kill the Filibuster: An Open Letter to Senator Warren

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Written by Thomas Magstadt   
Wednesday, 21 November 2012 03:56
Like other admirers and supporters, I signed your "Reform the Filibuster" petition and I've encouraged others to do so, as well. You say, "It is time, at long last, to fix the filibuster. If Senators want to block a bill with endless 'debate,' they should be required to stand on the floor and make their case to the American people with a real, talking filibuster!"

You've correctly identified the problem. But your solution doesn't go far enough. Merely reforming the filibuster so that Senator Throttlebottom has to be present on the floor to throttle legislation is not enough to fix what's wrong with the Senate.

When you cite "Mr. Smith Goes to Washington" as an inspiration for taking action on this issue it's not reassuring. Don't get me wrong, I liked the movie. But that was Hollywood. The movies are all about fantasy. Washington is all-too-real.

Please don't start your tenure in the Senate by backing the half-measures of others. This proposal does not sound like you, but then, it isn't yours, is it? It's the brainchild of Senators Jeff Merkley (D-Oregon) and Tom Udall (D-New Mexico) and it's totally inadequate. At present, senators can block legislation without so much as showing up on the Senate floor. All any member has to do is just say "filibuster" and the Senate needs sixty votes to do pass a bill.

The Merkley-Udall proposal merely requires ten senators to sign a petition to filibuster and stipulates that at least one of them actually has to be present on the Senate floor and talking to prevent a measure from coming to a vote. All it will do is to make things more inconvenient for our pampered senators. It won't solve the problem.

The way to fix the Senate is to kill the filibuster. Alternatively, change it radically, for example, by allowing senators to delay action on a bill for a limited period (say 14-21 days) but not defeat the will of the majority. Kill it or fix it. Halfway reform measures won't do.

There's no mention of the word "filibuster" in the US Constitution. Senator Warren, you and the other Senate Democrats will soon have a golden opportunity to change a rule that's proven to be the mortal enemy of majority rule. You can do it with a simple majority vote when the Senate reconvenes in January. That alone won't fix what's wrong with Washington or with a political system that puts Congress on the auction block, but it's a big step in the right direction.
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