Monday, December 27, 2010

Is It The Time To Change Filibuster Rules ?

There is no doubt that the rules of the United States Senate have been a thorn in the side of progressive Democrats for the last couple of years -- especially the filibuster rule.   The Republicans, although outnumbered, have been able to use the filibuster to kill many progressive bills badly needed by the country (like equal pay for women and the stopping of job outsourcing), and used it to water down other legislation to protect corporate fat-cats (like heath care reform and regulation of Wall Street).

In addition, the filibuster has been used to block the approval of many federal judges and other political appointees.   While the president and the Democrats were elected on their promise of making changes in this country, the Republicans have been able to use the filibuster to block many of those changes.   They blocked so much change that to many voters it looked like the Democrats were failing to live up to their promises (and the voters punished them for that in the last election).

Now the Senate Democrats are talking about changing the filibuster rules.   They want to make it harder to filibuster a bill (and actually make senators take the floor and do a real talking filibuster).   In fact, recent news reports tell us that the Democratic caucus is unified in wanting to change the filibuster rules, and with their slim majority they might be able to do it.

Personally this seems like a case of wanting to close the barn door after all the animals have escaped.   I thinking this might be time to leave that barn door open in the hope that a few animals can be chased back inside.   Let me explain what I mean.

For the last two years the House of Representatives had a substantial Democratic majority, and they used that majority to send a lot of good progressive bills to the Senate.   It was those progressive bills that Senate Republicans used the filibuster to kill or water down.   But that has changed.

In the new Congress the House of Representatives has a clear Republican majority.   They will not be sending the Senate any progressive bills -- just the opposite.   The House will be returning to the Reagan/Bush policies, especially the "trickle-down" economic policies that favor the rich and hurt ordinary Americans.   It will be up to Democrats in the Senate to change or kill these Republican efforts to turn the recession into a depression.

And there will be more Republicans in the Senate -- enough that, combined with blue dogs like Ben Nelson, they might be able to get many of those House Republican bills approved.   My point is that while the filibuster hurt progressive Democrats for the last two years, it may be their saving grace in the next two years.   They might need to use it to stop the insane Republican efforts to give the rest of our country to the rich.

I'm kind of torn on this issue.   I don't like the filibuster rule as it stands.   And yet, it may be the only way for progressive Democrats to stop the worst of the Republican policies.   Frankly, I'm starting to think this is not the time to change the filibuster rule.   The Republicans showed everyone how effective it can be to stop an agenda.   The Democrats should leave the rule as it is and use it to block Republican excesses.

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