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{"id":6086,"date":"2010-12-08T04:00:16","date_gmt":"2010-12-08T10:00:16","guid":{"rendered":"http:\/\/www.occasionalplanet.org\/?p=6086"},"modified":"2013-02-15T15:54:36","modified_gmt":"2013-02-15T21:54:36","slug":"busting-the-filibuster","status":"publish","type":"post","link":"https:\/\/occasionalplanet.org\/2010\/12\/08\/busting-the-filibuster\/","title":{"rendered":"Busting the filibuster"},"content":{"rendered":"

Everybody [at least everybody who wants an effective democracy] talks about ending “filibuster abuse,” but who\u2019s doing something about it? At least one US Senator is. On Thursday, Dec. 2, Sen. Jeff Merkley [D-OR] announced a set of proposals to reform the Senate\u2019s rules on filibustering.<\/p>\n

Calling abuse of the filibuster \u201cthe heart of the Senate\u2019s dysfunction,\u201d Merkley says<\/a> that \u201cthe Senate\u2019s original commitment to full and open debate has been transformed into an attack designed to paralyze and obstruct the Senate\u2019s ability to function as a legislative body.\u201d Before outlining his specific proposals for reform, Merkley offers a succinct and persuasive summary of how the filibuster has been abused in recent years:<\/p>\n

The filibuster can be thought of as the power of a single senator to object to the regular order of Senate deliberations, thereby invoking a special order that requires a supermajority and a week delay for a vote. Historically, this power did not paralyze the Senate because it was invoked upon rare occasions. In recent times, however, minority senators have started objecting to the regular order on nearly a daily basis, paralyzing the Senate.<\/p>\n

It is important to observe that a senator who objects to the regular order pays virtually no price in time or energy. At most, one senator must stay near the floor to object to any unanimous consent proposal designed to force a vote. As a \u201ccourtesy,\u201d this task can be handled by a member of the objecting senator\u2019s leadership. Contrary to the deeply rooted popular impression, a filibustering senator does not need to speak continuously on the floor to sustain his or her objection.<\/p>\n

Indeed, following the initial objection, the responsibility shifts to the majority to assemble a super-majority. And if the majority wants to maintain continuous debate to dramatize an objecting senator\u2019s obstruction, it is the majority that bears the burden of maintaining a quorum on the floor. Without such a quorum, a single senator can shut down debate by asking for a quorum call.<\/p><\/blockquote>\n

If you had to read that block quote several times to understand it, join the club. Senate rules are complicated and convoluted\u2014a maze of ins and outs that only a serious student of parliamentary procedure could love. [If you\u2019ve ever attended a college-level Model United Nations session, you\u2019ve witnessed how, even when it\u2019s only a simulation, some \u201cplayers\u201d use procedures as weapons to defeat opponents\u2019 proposals.]<\/p>\n

Merkley also outlines the perverse effects that filibuster abuse has had in 2010 on the Senate\u2019s ability to function:<\/p>\n