Warren Discusses Filibuster (And The Need To Get Rid Of It)

It has become obvious recently that the Senate Republicans, under Smith McConnell's leadership, is going to use the filibuster to block everything President Biden and the Democrats try to do to make this country better. It means we are looking at gridlock in our federal government for the next two years.

The only solution is to reform. or eliminate the Senate filibuster, so bills can be debated and voted upon in the Senate. Until it is, a single Republican can keep a bill blocked by doing nothing more than sending a memo!

The following is a letter from Senator Elizabeth Warren to her supporters. In it, she gives a bit of history about the filibuster, and details the need to do away with it:

You’ve heard it before: It’s time we get rid of the filibuster. But you may be wondering, “what is the filibuster, and where did it come from?”

Here's what it is, and here's why it stinks:

For a vote on a bill to take place in the Senate, a few things have to happen.

1. A bill is brought to the Floor
2. Senators debate the bill
3. Senators end debate
4. Senators vote on the bill, majority wins

That’s the way the Founders intended it to go, at least. Here’s the hitch: In 1806, Aaron Burr — yes, the one who killed Alexander Hamilton in a duel — said the Senate had too many rules and should get rid of some.

One rule that got tossed in the trash can? The rule that said any senator could propose a vote that would cut off debate. Senators didn’t see a need to keep this rule on the book, so they tossed it.

That means step #2 (Senator’s debate the bill) could, in theory, go on forever — if enough Senators were willing to speak long enough on the floor in debate.

For years, business generally went on as usual. No one wanted to be “that guy.” But then, Senator John Calhoun realized he could exploit this rule change to seize more power for southern slave-holding states. He was the first to attempt to stop the Senate from voting on legislation by filibustering.

In 1917, President Wilson — tired of a Senate that was obstructing more than voting — pressured the Senate to pass a rule to make sure debate wouldn’t hold up voting forever and ever.

The Senate responded with a rule, called Rule 22 — also called a “Cloture Vote.” It looked like the other rule Aaron Burr had thrown in the trash can, except for one enormous difference: To end debate, Rule 22 required a supermajority, or two-thirds of the Senate.

Rule 22 didn’t solve the problem of endless filibustering. It encouraged gridlock. Because now, a small minority in the Senate could force a bill to get through two votes. A supermajority vote to end debate, and then a simple majority vote to pass the bill. It made no sense.

The effects were almost immediate. The year after the Senate established Rule 22, an Anti-Lynching bill was introduced. A small group of Senators hell-bent on upholding white supremacy decided to flex the new rule and filibuster the legislation.

The law — which would make the heinous act of hanging Black Americans by trees a crime — took 100 years to break a filibuster, and still isn’t law. It didn’t pass the Senate until 2018 — and it’s still not law.

During the Jim Crow era, southern Senators continued to use the filibuster as a tool to block civil rights legislation — and only civil rights legislation.

Today, the filibuster is more common than ever. There are some loopholes, for court appointments and bills on the budget. And Mitch McConnell can use it as a veto on almost every other bill Democrats want to pass.

Here’s the kicker in all this — today, the filibuster has become so common that it practically happens automatically, whether or not senators actually come to the floor to insist on it.

Right now, HR1 is sitting before the Senate. It expands voting rights, reforms campaign finance laws, and limits partisan gerrymandering. It already passed the House and it deserves a vote in the Senate.

But because of Rule 22, a bill has to get through two votes in the Senate. A supermajority vote to stop debate (even though debate is not required or even happening) and then a simple majority vote to pass a bill. Like I said before, it makes no sense.

Even after a historic election where Americans voted for Democrats to control the White House, the Senate, and the House, the filibuster gives Mitch McConnell a veto on policies that the majority of Americans support. That’s why we need to fight as hard as we can to end the 60-vote threshold and get rid of the filibuster once and for all.

Senate Passes The $1.9 Trillion Relief Bill

 

The Senate has passed the American Rescue Plan Act -- the $1.9 trillion COVID relief bill. They made some minor changes to the bill, so it will have to go back to the House of Representatives for another vote. But that shouldn't be a problem, and it's likely that the bill will be on President Biden's desk later this week.

The bill got no support from Republicans, even though a majority of their base supported the bill. All 49 GOP senators present (one had to go home to deal with a personal problem) voted against the bill -- just like every House Republican voted against it when the House passed the bill. 

This portends problems in the future in the form of legislative gridlock. This bill was passed because the Democrats were able to use the reconciliation process. But most bills could not be passed that way. That means they would have to have 60 votes because of the filibuster.

The House has passed a huge voting rights bill and a criminal justice reform bill. And in the near future, are expected to pass immigration reform and a health care public option. All of those bills are dead on arrival in the Senate. Democrats would need 10 Republicans to vote with them to bring those bills up for debate and a vote. But Republicans have made it clear they are going to block everything the Democrats try to do.

If Democrats don't eliminate, or radically alter, the filibuster rule, we are looking at two years of gridlock in the United States Congress. 

American Public Believes Government Gridlock Will Continue

While the Republicans are celebrating their November victory, giving them control of both houses of Congress, the American people know this is not a victory for the country as a whole. They fully expect business as usual to continue -- which means government gridlock will continue, and nothing important will be done to solve the nation's problems.

Note that only 13% of Americans think the new Republican Congress and President Obama will be able to cooperate and get anything substantial done, while a whopping 86% expect gridlock to continue (which means even most Republicans think gridlock will continue).

And if the Republicans think the continuing gridlock will be blamed on the president now, they are mistaken. As the bottom chart shows, a plurality of 41% says both the president and Congress would be to blame, while 35% would blame the GOP Congress and only 22% would blame President Obama.

What most Americans want is for Congress and the president to compromise for the good of the country -- the kind of compromise that used to be possible before the extremists took over the Republican Party (and made compromise a dirty word in that party).

These charts were made from information in a new AP-GfK Poll -- done between December 4th and 8th of a random national sample of 1,010 adults, with a 3.4 point margin of error.

There Is No Mandate -- Public Wants Real Compromise

The Republicans want to believe they were given a mandate by the voters in the 2014 election -- and that by being given control of both houses of Congress, they now have the right to try and impose their own policies on the country (even if it means shutting down the government again). But every poll taken since the election shows that is just not true. They were elected because too many Americans didn't bother to vote (probably because they are angry with both political parties), and the public doesn't have any better opinion of the Republicans than they do the Democrats.

The charts above were made from a new CNN / ORC Poll -- taken between November 21st and 23rd of a random national sample of 1,045 adults, with a margin of error of 3 points.

Note that it shows the public has an almost equal distaste for both parties, and they don't necessarily think it's a good thing that the Republicans now control both houses of Congress. In fact, a majority thinks it will just result in more gridlock. And if the Republicans try to force their policies to be accepted by shutting down the government, most people are going to blame them for that.

Nothing has changed with the public. What they want (and have wanted for several years) is for the parties to set aside their ideology and compromise for the good of the country -- like they used to be able to do before the teabaggers went crazy over the election of a black president. Compromise for some congressional Republicans means the Democrats should surrender and let them do what they want -- but that is not what the public thinks. They want the two parties to both give a little, and find some true middle ground.

2014 Was A Non-Voting Election - Not A Wave Election

I am still hearing some pundits calling the recent election a "wave" election -- inferring that the voters gave Republicans a mandate to institute their policies. I'm still not buying that. The Republicans did well in the election, and now control both houses of the 114th Congress -- but they did not get a mandate from the voters. What happened was that only a small percentage of registered voters bothered to go to the polls, and a majority of that tiny minority were Republicans (who are still upset that a Black man inhabits the White House), while too many Democrats and Independents did not vote.

If it had truly been a wave election, then we should expect to see significant majorities of the population preferring Republicans and Republican policies, but a new poll shows that is just not true. It is the NBC News / Wall Street Journal Poll, done between November 14th and 17th of a random national sample of 1,000 adults (with a margin of error of 3.1 points). I have charted some of that poll's results above.

Note that the Democratic Party is still more popular than the Republican Party (by 6 points), although both parties are rated more negatively than positively -- and the voters are split on whether they like or dislike the Republicans being in control of Congress. In addition, a majority thinks the government should do more to help hurting Americans (which is certainly not what congressional Republicans want).

And the public doesn't expect the outcome of this election to fix much in Washington. About 72% (nearly 3 out of 4) don't expect any improvement among cooperation in Washington -- with 32% saying things will get worse and 40% saying it will make no difference. About 53% think the president will try to work with GOP leaders, but only 44% expect GOP leaders to make an attempt to work with the president.

In short, the public doesn't think this election fixed anything. We are looking at another two years of political infighting and gridlock, with nothing of any importance getting done. And sadly, that's just what a majority of voters deserve -- because they didn't bother to vote.

Our Divided Country Assures 2 More Years Of Gridlock

All of the charts in this post were made from information in a new Pew Research Center survey (done between November 6th and 9th of a random national sample of 1,353 adults, with a margin of error of 3.1 points).

On election night, a lot of the pundits (even some from the left) pronounced that this was a "wave election" -- a wave in favor of the Republicans, and many said this gave the GOP a "mandate" to pursue their agenda in Washington. And at first glance, that would seem to be true.

But it isn't. The truth is that most Americans did not give the Republicans a mandate to rule -- but only their own base. The turnout was the lowest turnout of eligible voters in the last 70 years (since 1942). The Republicans turned out in large numbers (like they did in 2010) -- angry that they still haven't been able to do anything about the African-American in the White House. But the Democrats and Independents didn't vote in large numbers, and that allowed the Republicans to carry the day (seizing control of the Senate and extending their control in the House).

So, does the Republican control of Congress mean the gridlock in Washington is over. I seriously doubt it -- and the results of this Pew survey would seem to show that the public is really not ready for gridlock to end. Note that the public is evenly split over whether they like the plans of Republican leaders, and evenly split over whether they want the GOP Congress or President Obama to take the lead in trying to solve the nation's problems. And a majority doesn't believe the president will accomplish anything in his last two years.

With the nation being this evenly split, there is no mandate for either party -- and we can expect both parties to continue the gridlock, refusing to give in or compromise. Adding to this problem is the fact that (as demonstrated in the chart below) twice as many Republicans think it is more important for the GOP Congress to "stand up" to the president, than to work with him to solve the nation's problems. And with their base thinking that, we can't expect the GOP leaders to now be willing to compromise for the good of the country.

We are still locked in the same ideological battle that produced gridlock in the last four years -- and sadly, it looks like we'll have two more years of the same.

Can The New Government Work To Solve Our Problems ?

Staring next January, the United States will have a new government -- a divided government with a Democrat in the White House and both houses of Congress being controlled by Republicans. For the last four years, this nation has experienced gridlock in government -- as the Senate and House have been unable to agree on any major legislation (thanks to being controlled by different parties).

Instead of compromising for the good of the country, as has been done in the past, the 112th and 113th Congresses have just indulged in ideological games -- and the country has suffered, with high unemployment, a struggling economy, and a growing wealth and income gap (which is already wider than at any time since the Great Depression).

Has anything changed? Will the president and Congress be able to work together now? Can any major legislation be passed? The Rasmussen Poll asked 1,000 likely voters those questions on November 6th and 7th (and the survey had a 3 point margin of error). And the survey results were certainly not encouraging.

A substantial 73% of the general public (including 57% of Democrats and 80% of Independents and Republicans) believe the president and the GOP Congress will not be able to work together. And a tiny 25% of the general public (one out of four Americans) think any major legislation can be passed in the first 100 days of the new government. About 25% of Democrats, 15% of Independents, and 36% of Republicans agree.

The American people have very little faith in Washington. They do not believe they have solved the gridlock problem (and I would agree with them). What do you think? Can this new government work to solve our serious problems?

Poll Shows GOP In No-Win Situation

It has been pretty obvious from numerous recent polls that the American people are disgusted with Congress. They see the gridlock that is in that body, preventing any real work to be done to cure the economy or create jobs -- and want the two parties to compromise and get something done.

The charts above were made from a YouGov Poll done on July 17th and 18th of 1,000 nationwide adults. A margin of error was not given, but YouGov was one of the most accurate polls in predicting the 2012 election. And this poll, by questioning members of each party on whether they want their party reps. to compromise or not, shows the congressional GOP has worked its way between a rock and a hard place -- and has no room to turn.

The public, which is disgusted with the failure to compromise, is placing most of the blame for the current gridlock on the Republicans. About 81% of the public thinks the Republicans are either partially or wholly to blame -- and 41% thinks they are wholly to blame for the gridlock. Meanwhile, about 59% of the public thinks Democrats are wholly or partially to blame -- and only 19% think they are wholly to blame for the gridlock. This makes me think it is far more likely that the Republicans will suffer at the polls in November 2014 than the Democrats.

But if the Republicans change and start to compromise to please the general public, they might not even make it past their own party's primary. That's because, while the percentage of Republicans wanting compromise has increased in the last two years (from 34% to 44%), a clear majority still do not want their reps. to compromise (56%). This puts the Republicans in a quandary. Do they play to their base and possibly suffer in the general election, or do they give the public what it wants and possibly lose in their primary. Neither choice is a good one.

The Democrats don't have that problem. About 78% of their base is perfectly willing to see their reps. compromise -- as long as its a real compromise, and not just giving in to the GOP completely. Compromising would not hurt any Democrat in their party primary or the general election.

Frankly, I don't feel sorry for the Republicans. They created this mess themselves when they courted the racists, fundamentalists, and teabaggers. Now they are just reaping what they have sown.

Americans Are Still Disgusted With Congress

A new Gallup Poll has been released about whether Americans approve of the job Congress is doing -- and unsurprisingly, they still overwhelmingly disapprove. The poll (taken between July 10th and 14th of a nationwide sample of 2,027 adults -- with a margin of error of 3 points) shows that only about 15% of Americans give their approval (which probably means that 15% haven't been paying attention, because the 113th Congress has done NOTHING to solve the nation's serious problems).

And that poll is no outlier. The bottom chart above, from RealClearPolitics, shows the results of the last five polls taken on that subject (the CBS News/New York Times Poll, the CNN/Opinion Research Poll, the Fox News Poll, the Gallup Poll, and the Economist/YouGov Poll). None of those polls give Congress more than a 16% approval rating -- and the average of the polls is only 13.6%.

Americans are clearly disgusted with Congress, and that disgust crosses all the political lines -- from the right to the left. I believe that disgust springs directly from the inability of Congress to get anything done. Congress has had the opportunity to improve their image, and threw it away. They could have passed a bill mandating background checks on all gun sales (which was supported by an overwhelming majority of Americans), but didn't do it. They now have a chance to pass immigration reform (also supported by a large majority of Americans), but it is becoming clear that bill will also die.

The problem is a complete inability by some to be willing to compromise for the good of the country. In the past, regardless of which party was in power, the two parties could find some middle ground and work out a compromise -- a compromise that didn't give either party all it wanted, but gave both parties part of what they wanted. And somehow, that worked for the good of the country.

That is no longer possible. The Democrats are not blameless, but they have at least showed a willingness to compromise. Unfortunately, the new crop of Republicans in Congress (the teabaggers) have showed no willingness at all to sit down and work out a compromise. They want everything, and they are willing to shut down Congress until they get it -- and because of that, they must accept the blame for this current gridlock.

Personally, I would like to see a progressive agenda pushed through Congress, and I understand the desire of right-wingers who want a conservative agenda. But I am smart enough to know that we live in a real world democracy -- and in this kind of government, it is rare that either side gets all it wants. We all need to rediscover and re-commit to the art of compromise.

Until the Republicans are willing to once again compromise for the good of all Americans, they must be voted out of power. This gridlock must end. We have too many pressing problems to allow it to continue.

Public Still Blames GOP For Gridlock

For the last couple of days, I have been discussing some of the results from the latest Quinnipiac University Poll (conducted between June 28th and July 8th of a nationwide sample of 2,014 registered voters -- with a margin of error of 2.2 points). The above charts show the poll was released on July 1st, but that is my error in making the charts -- it was really released on July 11th.

Today, I want to discuss the gridlock in Washington. It has become obvious that Washington can't pass any laws (except maybe for the naming of a courthouse). The 112th Congress earned the nickname as the "do-nothing" Congress for its inability to pass any laws -- at least any laws that would help the economy and most citizens. Now the 113th Congress is on track to have an even worse record.

Who is responsible for this gridlock? I believe it is the Republican Party, which has refused to compromise on any issue for the good of the country (or even to consider a compromise). This poll shows that most Americans agree -- the congressional Republicans are to blame. About 51% of the public agrees with this, while only 35% blame the president. Note that when the poll is broken down into demographic groups, only one group blames the president more than congressional Republicans -- Republican voters. All other groups say the congressional Republicans are significantly more to blame than the president.

Voters are not really happy with anyone in Washington, and that is understandable since nothing is being accomplished (and most Americans are still mired in the effects of the Great Recession). But the Republicans are playing with fire by refusing to compromise, because most voters blame them for the gridlock. Will this affect the 2014 election? I hope so.

And because of this gridlock, the public seems to have given up on Congress passing any reasonable immigration reform this year. About 69% of voters say immigration reform will not be passed, while only 27% think it is still a possibility -- and that feeling includes voters of all political persuasions. About 73% of Republicans, 71% of Independents, and 60% of Democrats believe immigration reform will die in the House of Representatives.

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Another interesting part of that poll regarded the outlook for the 2016 presidential election. As previous polls have shown, any Republican (even Chris Christie, the most popular Republican with the general public) would have a very difficult time beating Hillary Clinton. But if Clinton stays out of the race (perish the thought!), another Democrat (Biden or someone else) would be in a tight race to win the White House.