It’s worth reflecting on how much ink was spilled over the last few months about how S1 didn’t have 50 votes, and how lots of Dems had reservations beyond Manchin & Sinema. Yet when the vote was called and it was time for senators to go on record, lo and behold! S1 got 50 votes.
Everyone always has complaints. The tricky part is separating the showstoppers from secondary complaints and people just jockeying for position. Worth recalling the DADT repeal vote in 2010 which Reid brought up over the objections of the bill’s own sponsors. Yet, It passed!
Right, but this is the point. I don’t recall reading any stories about how Endless Frontiers was dead because some senators wanted changes and amendments to the bill. This is how it works (as you know): you get on the bill, make changes if you can, then see where thing stand.
This is partly process votes becoming substantive votes. But it’s also folks asking & focusing on the wrong Qs. The core Q at each step is whether the bill has the votes to be viable at that stage of the process. Does it have the votes to clear the next step? is all that matters.
It’s also worth recalling that when the ACA came to the floor in November of 2009 it had the public option in it. The public option came out *on the floor.* Senators demanding and getting major changes is standard. All that matters is whether the bill is viable at each stage.
This is further complicated because with filibuster reform in the mix, storylines become bifurcated: does a bill have 50 versus does it have 60. But on S1, the idea that it didn’t even have 50 because a major undercurrent. And that was just wrong.
The question of whether to reform the filibuster boils down to whether we want a functional government or a dysfunctional one. This is how the Framers saw it. This is why they opposed the filibuster or anything like it, and why they created the Senate as a majority-rule body. 1/
Madison called majority rule the “republican principle.” He was consistent, from when he was a young man crafting the Constitution until the 1830s, when he was asked to respond to Calhoun’s argument that the minority should get to wield a veto over the majority (Madison said no).
Madison zeroed in on the principle that if the minority were allowed to wield a veto over the majority, “the fundamental principle of free government would be reversed.”
The reason? “The power would be transferred to the minority,” he said.
Since we’re all about gangs this week, please step into my TED talk about how the Gang of 14 was one of Democrats’ worst strategic mistakes of the past few decades.
The year is 2005. Republicans really, really want to go nuclear to confirm Bush’s judges. Like, really want to.
Bush, Cheney and Frist were all eager to go nuclear. The floor general for the fight was a young comer named Addison Mitch McConnell. In May, on the Senate floor, McConnell announced that the “Senate is prepared to restore the Senate’s traditions and precedents,” and go nuclear.
To lay the intellectual groundwork for the effort, former Baker counsel and all-around Senate guru Martin Gold penned a law review article dubbing it the “constitutional option.” It’s good! Makes a strong case the Framers would’ve opposed the filibuster 😊 faculty.washington.edu/jwilker/353/35…
Another one! All these senators trying to play it coy by [checks notes] reaching out to the reporter after the interview to be 100% clear that she does, in fact, support reform
Sinema went from Green Party candidate to a curiously enthusiastic defender of the filibuster based on what is, at best, a rough and deeply flawed grasp of Senate history and procedure. In the process, she appears perfectly willing to throw Arizona Democrats under the bus.
There’s two options at this point: either Sinema has some insight that eludes everyone else, or she’s playing politics worse than any senator in recent memory. Manchin is from a state Trump won by 30+. She’s from a state Biden won - and where credible primary challengers exist.
Maybe, but that would probably be a mistake. With her voting record she can’t win a GOP primary in AZ for dogcatcher. Nor is she at all likely to win statewide as an independent - she doesn’t have anything g close to the stature or name ID. It’s a very curious case.
The Senate was designed to give the minority input, but the Framers rejected a supermajority threshold because it gives the minority a veto. Madison wanted the minority to have a voice, Calhoun wanted a veto. Manchin is defending Calhoun's vision of the Senate, not Madison's.
Madison called majority rule the “republican principle” and said that a supermajority threshold would cause “the fundamental principle of free government to be reversed. It would be no longer the majority that would rule: the power would be transferred to the minority.”
Hamilton said that while you may think a supermajority threshold promotes compromise “what at first sight may seem a remedy, is, in reality, a poison.” The “real operation” of a supermajority threshold is to “embarrass the administration, to destroy the energy of the government.”
This is one of my favorite parts of the book: in 1957, Nixon teamed up with leading Senate liberals like Hubert Humphrey to try to nuke the filibuster to pass Eisenhower's strong civil rights bill. LBJ helped Russell & the white supremacist southern bloc defeat them. Then...
With the filibuster untouched, LBJ spent the summer of 1957 gutting Eisenhower's strong civil rights bill, making it so toothless that it was acceptable to Russell and the segregationists, who dropped their threat of a filibuster and let it pass. Of course...
Strom Thurmond waged his famous 24-hour filibuster against the 1957 bill. But he waited until LBJ had defanged it & until the rest of the southern bloc had signaled they wouldn't filibuster it. Thurmond's fellow white supremacist senators were furious at him for showing them up..