With respect to Bruce, the thing about Madison is that you have to follow his entire thought. A few lines up, he calls majority rule "the fundamental principle of republican Government." He would lay out both sides, then come down firmly for majority rule. loc.gov/resource/mjm.0…
At the Constitutional Convention, Madison argued for majority rule in the Senate and against giving states the same number of senators. Remember this next time someone throws Madison at you: he wanted the Senate to be majority rule *and* proportional by population like the House.
That quote ^^ is Madison at the Constitutional Convention arguing against the Great Compromise: a bicameral Congress with representation in the House proportional by population but equal in the Senate. Madison decried equal representation for states in the Senate as "injustice."
At this point people say "we can play the Framers game all day" or somesuch but there's no ambiguity here. The Framers designed the Senate to be majority rule. Period, end of story. This is not a matter of interpretation, it's a fact. It was majority rule for more than a century.
The supermajority threshold came into existence not because the Framers wanted it that way, but because white supremacist senators saw their power threatened and needed a way to systematically overturn the will of the majority. That's how the filibuster we know today was born.
It's critical to disentangle the filibuster from the idea of the Senate as the more thoughtful chamber. That's not why the filibuster was invented nor is it the function it serves today, as it empowers reactionary white conservatives to impose their will on the diverse majority.
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A word about @SenAngusKing's comment that "the 60 vote majority requires some level of consensus," which reflect a common myth about the Senate. The Framers designed the Senate to promote compromise, but the filibuster was not a part of that design. mainebeacon.com/sen-king-seen-…
The Framers designed the Senate as a venue for compromise but were extremely clear that it should be, and remain majority-rule. They had seen how supermajority thresholds led to gridlock in the Articles of Confederation and explicitly warned against them - over and over.
The Framers were familiar with the idea that supermajority thresholds promote compromise but had seen that in practice, they provided an irresistible temptation for the minority to "embarrass" the majority. They warned us about what would happen. Here's Hamilton in Federalist 22.
This by @mattyglesias is the strongest case for reconciliation I've read. But IMO reconciliation is a mirage for a few reasons. All paths lead to the filibuster; you either nuke it or you don't. Even an ambitious use of reconciliation leads you there. 1/ vox.com/21499869/joe-b…
The appeal of reconciliation is that it's fast. It can be, but probably won't be for large-scale bill like this.First you have to write and pass a budget. Then, making a bill of this scope comply with reconciliation rules will be extremely hard, and guaranteed to contain errors.
Small errors can be fatal; any provision that doesn't survive the test of compliance (called a "Byrd bath") gets struck from the bill by the parliamentarian. If a major provision gets struck, you either have to abandon it or go nuclear to change the rules. So, back to square one.
McConnell made clear that tomorrow he'll seek consent to adjourn for ~2 weeks. Before a bunch of Rs got Covid a big benefit to keeping the floor open was the ability to force Rs off the trail & onto the floor. But that’s dangerous when we don’t know how many of them are infected.
By adjourning to pro formas Dems lock in that there'll be no floor vote on ACB for the next 2 weeks. It deprives them of tactics like forcing live quorums but also increases the chances they don’t get covid. With a real covid outbreak among Senate Rs, the pros outweigh the cons.
On quorums: To vote or conduct any business in the Senate you need a quorum of 51 senators physically present on the floor. It appears Dems can deny a quorum right now, but the real question is whether they can do so when Republicans are ready to vote on Barrett. That’s TBD.
This is a Copernican moment. Democrats are realizing the old ways no longer apply. Our democracy has tilted to minority rule by white conservatives who are imposing their will on the diverse majority. That’s unsustainable and it is Dems’ responsibility to rebalance our democracy.
Republicans are imposing minority rule by white conservatives through the most undemocratic elements of our system, many of which have mutated far beyond anything the framers envisioned. Reforming those elements & bringing our democracy back into balance is absolutely essential.
This generation of elected Democrats is being called on to reform the system so it can continue to function. Minority rule by white conservative judges and senators wielding veto power over the will of a diverse majority is not a healthy or sustainable dynamic for democracy.
🚨 It's not just Mark Kelly who could be seated in November: if Dems win the GA special election for Loeffler's seat the winner could be seated in Nov, too. @ReverendWarnock is the guy but Joe Lieberman's son @LiebermanForGa is playing spoiler. Drop out. ajc.com/politics/polit…
This is an uphill battle: Warnock has to win *with* 50% in November to avoid a Jan runoff. But if he does, GA elex law says the winner can be seated immediately. In a fight like this, with these stakes, being in position to win every seat and catch every break is critical.
@ReverendWarnock is the pastor of Ebenezer Baptist Church in Atlanta - Martin Luther King Jr.'s former congregation. DSCC endorsed. He's clearly the right candidate for this race and Lieberman has no business except as a spoiler. Give to Warnock here: secure.actblue.com/donate/wfg_ads…
If a whistleblower filed a formal complaint with an Inspector General about women in prison camps getting forced hysterectomies but the victims were predominantly white women, there would be a lot more coverage.
Letters to IGs often generate news, but in this case there’s a formal whistleblower complaint. One study found: “news about murder is the product of journalistic assessments of newsworthiness firmly grounded in long-standing race and gender typifications.” jstor.org/stable/3648888
Judgments about newsworthiness are made mostly by white reporters and editors. Historically, they have judged news about white victims to be more “newsworthy” than news about black or brown victims. We appear to be watching an example of this play out on the ICE hysterectomies.