Can Democrats Change The Senate Rules ?

The last two years have been a political disaster for America.   And the main reason for this is the archaic and senseless rules of the United States Senate -- namely the rule that says it takes 60 votes (out of the 100 senators) to stop a filibuster and allow a vote on proposed legislation.  

Years ago this rule made some sense -- back when both parties were open to and willing to compromise for the good of the country.   At that time, the filibuster was used sparingly -- only to prevent the most over-the-top and ridiculous legislation (something both parties can be guilty of).   But that time seems to be in the past.

Since President Obama was elected, the right-wing Republicans (who have taken over that party) decided that the best way to regain the White House was to deny ANY victory to the Democrats -- no matter how innocuous or necessary the bill was.   To accomplish this, they have attempted to filibuster nearly all legislation that reaches the senate floor, even bills co-authored by Republicans (such as the tax cut and loan program for small businesses).

The use of the filibuster by the Republicans has been so often that it has pretty much brought the Senate to a standstill.   The Republicans have supported this misuse of the filibuster en masse -- with even the few remaining party moderates joining in.   And they have been helped by a few Blue Dog Democrats who are afraid they can't be re-elected if they support progressive legislation.

This filibuster has been used to stop bills that would have stopped outsourcing of American jobs, assured equal pay for women, eliminated the military's DADT policy, created a sensible energy policy, extended unemployment benefits, and create new job stimulation.   In fact, this misuse of the filibuster has probably assured that most Americans will remain mired in recession for years to come.   And now that the Republicans have a larger contingent in the senate, it will be even easier for them to continue  to prevent the passing of badly needed legislation.

There is a move among some Democratic senators now to curtail this misuse of the filibuster rule.   Senator Jeff Merkley (D-Oregon), pictured above, and a few other senators, including Tom Udall (D-New Mexico), are planning to try and change the filibuster rules when the new Senate meets in January.   This is their one opportunity since each newly-elected Senate has the right to set the rules by which the Senate will operate for the next two years -- and these rules only need 51 votes to become effective.

Merkley wants senators to actually have to hold the floor by speaking in a real filibuster (the way it used to be) and said his plan would “require a specific number of Senators — I suggest five for the first 24 hours, 10 for the second 24 hours, and 20 thereafter — to be on the floor to sustain the filibuster. This would be required even during quorum calls. At any point, a member could call for a count of the senators on the floor who stand in opposition to the regular order, and if the count falls below the required level, the regular order prevails and a majority vote is held.”

Other senators, like Tom Harkin (D-Iowa), would like to do away with the filibuster altogether.   I'm not sure whether the filibuster should be completely eliminated or not, but something does need to be done to allow needed legislation to come to a vote in the senate.   And this would not be an unpopular move.   A CBS/New York Times poll showed that 50% of the population wants the filibuster to be limited.

But do the Democrats have a real chance to change the rules?   I doubt it.   I suspect that some Blue Dogs like Ben Nelson (D-Nebraska) and others may well vote with the Republicans to keep the filibuster rule as it is.   In the last two years the Democrats have not shown they can stand together for the good of the party and the country, and they will probably be divided on this issue as well.   Frankly, it is this inability to come together and accomplish something (when they hold a majority) that is starting to disgust me and make the voters distrust them.

But I can always hope.