Franken, Klobuchar offer filibuster fixes
Thursday, January 06, 2011 at 2:28 pm
Sens. Amy Klobuchar and Al Franken are offering their own ideas to fix the filibuster, a Senate procedure that often results in gridlock in the upper chamber. Klobuchar is a cosponsor of a comprehensive filibuster reform bill introduced by Democratic Sens. Tom Udall of New Mexico, Tom Harkin of Iowa and Jeff Merkley of Oregon. The trio said that since 2006, “there have been more filibusters than the total between 1920 and 1980.” Franken is offering a change to the filibuster process as well: Instead of taking 60 votes to break a filibuster, he wants 41 votes to maintain a filibuster.
His plan shifts the responsibility for the filibuster to the minority which would then have the responsibility of maintaining it.
“I respect the right of the minority that feels intensely about a great issue to continue debate,” Franken told MinnPost on Wednesday. “But the burden should be on the minority to continue that debate, not on a supermajority to end it.”
Klobuchar is part of a Democrat-led effort to reform the filibuster. A bill offered on Wednesday would not change the number of votes needed to break a filibuster, but would change the details of how a filibuster could proceed. The changes have five points:
• Eliminate the Filibuster on Motions to Proceed: Makes motions to proceed not subject to a filibuster, but provides for two hours of debate. This proposal has had bipartisan support for decades and is often mentioned as a way to end the abuse of holds.
• Eliminate Secret Holds: Prohibits one senator from objecting on behalf of another, unless he or she discloses the name of the senator with the objection. This is a simple solution to address a longstanding problem.
• Guarantee Consideration of Amendments for both Majority and Minority: Protects the rights of the minority to offer amendments following cloture filing, provided the amendments are germane and have been filed in a timely manner.
• Talking Filibuster: Ensures real debate following a failed cloture vote. Senators opposed to proceeding to final passage will be required to continue debate as long as the subject of the cloture vote or an amendment, motion, point of order, or other related matter is the pending business.
• Expedite Nominations: Provide for two hours of post-cloture debate time for nominees. Post cloture time is meant for debating and voting on amendments – something that is not possible on nominations. Instead, the minority now requires the Senate use this time simply to prevent it from moving on to other business.
5 Comments
Comment posted January 6, 2011 @ 5:00 pm
This could be huge if they succeed. I am not sure if it will be good or not, I will need to do more research on what the changes will bring. I do believe that the ability of anonymous filibusters needs to be ended.
Comment posted January 6, 2011 @ 5:27 pm
Most people’s idea of a filibuster is from a Frank Capra and Jimmy Stewart movie, “Mr. Smith Goes to Washington” or something. Or from the Dixiecrat filibusters if the 1950′s and 1960′s when southern Democrats blocked anti-lynching bills and other civil rights legislation. Then at least the filibusterers had to get up and do something. Somehow, these arcane rules got really bollixed up to allow the threat of a filibuster to be the filibuster. The Senate is a broken institution and ought to be abolished.
Comment posted January 7, 2011 @ 10:44 am
Just in case there’s any confusion, it does not take 41 to uphold a filibuster. It takes one. It takes 60 to override it, and that’s total votes, not a percentage. That means if the vote is 59-1, the one wins. What Franken is talking about is actually requiring 41 senators to be present and vote to continue a filibuster, which is still a lower bar than getting 60 to end debate, but a lot tougher than getting one senator to object to moving to a vote.
Comment posted January 8, 2011 @ 12:06 am
I have objected to indiscriminate use of the filibuster for many years. None-the-less, there are clearly issues that have huge long term and irrevocable consequences for the country and its citizens that they should not be handled lightly, or be subject to the passions of the moment or partisan self interest. Going to war, treaties and trade agreements, taxes and financial regulation, and immigration come immediately to mind.
I don’t see how these issues would proceed under this proposal. Rules that simply further empower corporate and wealthy elites and special interests are as likely to make things worse as they are to make them better. The risks that things will get worse is unacceptable and would be a huge mistake.
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