Saturday, February 4, 2017

Are the Senate rules democratic?

We have been hearing a lot of talk lately about Senate rules.  One that I never heard of before surfaced last week.  In attempting  to block "advise and consent" of president Trump's cabinet, the Democrats walked out of the committee meeting and claimed that the committee could not vote on the cabinet appointee unless there were some Democrats present.  That's a new one on me.  The next day the Republicans dredged up some rule that said they could too vote.  And so a couple of cabinet appointees made it thru the committee votes to stand before the entire Senate, sometime now.
   Then there is an older Senate practice, which allows any single senator to "place a hold"  (a veto) on any judicial appointment.  Somehow, letting a single senator veto any judge strikes me a profoundly undemocratic.
   Then we have the filibuster.  This practice was started in the 1950's by Democrats.  It came from a Senate rule that allowed unlimited debate.  Once a senator has the floor he can keep on talking as long as he can draw breath.  Democrats would filibuster to block civil rights legislation in the bad old days.  For the really big cases they used to bring in cots to give exhausted senators a bit of rest. Filibusters became so notorious that sometime in the early 1960's the Senate created the "cloture rule".  Under cloture rule, a supermajority (60 votes) sufficed to take the floor away from a windbag filibusterer and move on with Senate business.  As time went on, to avoid the tedium of waiting for Senator Windbag to become obnoxious, they dispensed with th need for Senator Windbag to actually take the floor and keep on babbling.  Now any senator can merely declare he wants to filibuster something, and that something is blocked unless and until they dredge up 60 votes to impose "cloture".  The effect is to require a supermajority to pass anything of substance thru the Senate.
   And then the Senate gives the majority leader the right to personally veto anything.  The majority leader sets the Senate agenda.  Any bill he dislikes, just never appears on the agenda.  Poof and it's gonzo.
    I'm thinking it's time for a housecleaning on Senate rules.  


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