Wednesday, August 28, 2019

RECLAIMING AMERICA: THE SENATE

JAZZMAN CHRONICLES:  THE LONG WAY HOME.





A MORE DEMOCRATIC SENATE: 

ENDING THE FILIBUSTER



We have long been told that the genius of our system of government lies in the checks and balances not only between branches of government but within the legislative branch of government.  The House of Representatives possesses the power of the purse.  The President holds the power of executive action, including the veto.  The Senate has the power to withhold consent for executive appointments and to stifle all congressional action by requiring a 60% vote to bring any legislation to the floor. 
The “genius” of our system has become a chokehold on the government.  The current constellation of a Democratic House, a Republican Senate and a Republican White House means that no significant legislation can even be considered.  We could replace the president tomorrow with the candidate of our choice and still the government would remain paralyzed and unable to act.  The system has granted the Senate Majority Leader the power to veto all legislative action by refusing to take a measure to the floor. 
This must end with the next congress.  It does not serve the nation and it is not what the founders intended.  The senate has the power to change its rules with a simple majority vote at the beginning of a session and it must do so.  It can only happen if the Republicans yield control of the senate by losing at least three seats.  Even then, it would require a majority that is willing to do what no majority has been willing to do before:  Sacrifice power by ending the filibuster. 
Clearly, at a time when the nation and the world are facing crises critical to the future of the species, it no longer matters what the founders intended.  The system is inadequate to the needs of the people.  It is as if the patient is on life support with a failing lungs and the doctor is awaiting the approval of an insurance company executive to proceed with a critical operation.  While the scenario is not as farfetched as it should be, we are the patient and Mitch McConnell is the insurance executive.  Moscow Mitch has no intention of saving the patient. 
Those who consider this gridlock the product of genius clearly do not value the principles of democracy for the senate rivals the judiciary as the least democratic institution in all branches of government.  The senate did not have a black member until Hiram Revels of Mississippi in 1870 and has had only ten black senators in its entire history.  It welcomed its first Hispanic member, Octaviano Larrazolo of New Mexico, in 1928 and its first woman, Hattie Caraway of Arkansas, in 1932. 
Even today, the senate disproportionately represents white males.  Of one hundred senators, 75 are men and 91 are white.  While 12% of the population is black and another 12% is Hispanic, only three senators are black with one (Kamala Harris) being considered multi-racial and only four senators are Hispanic. 
These numbers represent a gross imbalance of power and it is not coincidental.  The founders meant for the Senate to represent the elite and to place a check on the common rabble of the lower chamber.  In other words the founders, who were composed entirely of white male landowners, wanted the Senate to impede the progress of the people.  In that it has succeeded beyond all expectations. 
Congress is not without its flaws but even when we factor in designer districting and disenfranchisement by various means it is infinitely more democratic that the Senate.  Each congressional district represents approximately 747,000 constituents.  This number holds fairly steady whether a district is in Florida or Missouri, Mississippi or California.  By contrast, a senator from the state of California represents approximately 40 million people while a senator from Wyoming represents approximately 580,000 people. 
If a handful of progressive billionaires wanted to change the landscape of American politics they could sponsor the relocation of half a million high tech employees from the progressive havens of San Francisco, Los Angeles, Portland and Seattle to beautiful Laramie, Wyoming.  The Democrats could then pick up two seats in the United States Senate and one in the lower house.  The city of Laramie would prosper in the balance. 
Because of the Senate, the citizens of California, New York, Florida and Texas are the least represented in America while the voters of Wyoming, Vermont, Alaska and North Dakota are the most over-represented.  Restated, in terms of senatorial representation, every voting citizen of Wyoming is worth roughly 69 Californians. 
Because the Electoral College allots electors using members of congress plus two for its senators, the imbalance of the senate is also reflected in our presidential elections.  Without that imbalance neither George W. Bush nor Donald Trump would have advanced to the White House.  We would likely not have entered the Iraq War and we would be leading the world in the effort to combat the ongoing catastrophe of global warming. 
Would we be better off?  You can be certain a majority of Americans believe so. 
As if the inherent inequity of the senate were not enough, the senate filibuster rule requires all legislative action to gain a three-fifths or 60-vote majority for consideration.  Unlike the Electoral College, that requirement is not grounded in the constitution.  It is not based on legislation.  It is an invention of the institution that can be undone at the beginning of a session.  In other words, it is a power grab by the most aristocratic institution in government. 
The filibuster has its roots in the early nineteenth century when a senator was allowed to block any vote by taking the floor and holding it for as long as he could speak without leaving the podium.  The filibuster was employed by Southern Democrats to defeat every significant civil rights law from 1917 to 1964. [1]  
In 1917 an incensed Woodrow Wilson pushed through a two-thirds vote requirement to close debate.  That worked for Wilson but it hardly works for us today.  In 1975 the filibuster was redefined for polite society.  A senator no longer has to hold the floor.  He or she can simply invoke the cloture rule and the required votes to end debate have been reduced from 67 to 60.  Now any senator can invoke cloture, killing any bill or measure until 60 senators vote to end the “filibuster.”  What was once a quaint senatorial courtesy has become a potent veto that strengthens the partisan divide and grinds all action to a halt. 
There may have been a time when the filibuster made sense to some but that time has long since expired.  Neither the founders nor the people envisioned granting that much power to the upper branch of congress. 
For decades the filibuster was the weapon of choice to Southern racists and white nationalists.  The infamous Senator Strom Thurmond of South Carolina conducted the longest continuous filibuster in senate history when he stopped a vote on the 1957 civil rights act for over 24 hours.  Under today’s rules that piece of legislation would have died in committee. 
The result is that nothing of substance can be accomplished without a consensus of two adversarial parties that have refused to find common ground since the global financial collapse of 2008.  Maybe that would be acceptable if the nation had no pressing needs but the nation has reached a crucible of pressing needs. 
The cloture requirement or virtual filibuster is why President Barrack Obama dared not propose a public option in the Affordable Care Act.  The filibuster is why neither comprehensive immigration reform nor the Dream Act could be enacted in law.  The filibuster is why our infrastructure has been allowed to crumble.  Who needs passable roads, safe bridges and working highways?  The filibuster is why we have not moved toward renewable energy in a manner that reflects the critical nature of the crisis.  The filibuster is why there has not been any serious effort at gun control legislation since the assault weapons ban of 1994 – allowed to expire in 2004. 
It is time for the United States Senate to join the 21st century.  It is time for the senate to become a working part of a democratic system of government.  It is time for the senate to sacrifice the tools of aristocracy.  It is time for the senate to stop obstructing progress and start enabling it. 
Electing a Democratic majority in the senate is a necessary but insufficient first step.  If we are to advance the cause of democracy and empower the government to accomplish what must be accomplished, the next step is for the senate to repeal the filibuster entirely and become a more democratic institution. 
Neither the nation nor the world can afford to put up with another term of majority leader Mitch McConnell and the obstructionist senate. 

Jazz.

A SHORT HISTORY OF THE FILIBUSTER

1806:  Senate eliminates rule for ending debate.
1811:  House of Representatives enacts rules to limit debate, ending the filibuster in the lower chamber. 
1841:  Democrats hold the floor to prevent Whigs from firing Senate printer.  William King challenges Henry Clay to a duel.  Clay threatens new rule to cut off debate. 
1846:  Southerners successfully filibuster in favor of slavery in expansion bill.  
1903:  Ben Tillman of South Carolina successfully filibusters to collect a debt of $47,000.
1917:  Senate changes its rules to require 67 votes to end debate. 
1935:  Senator Huey Long of Louisiana holds the floor from noon to 3:50 am. 
1938:  Theodore Bilbo of Mississippi filibusters an anti-lynching bill.  Southern Democrats defeat other anti-lynching bills in 1922, 1935, 1938, 1948 and 1949. 
1949:  Lyndon Johnson filibusters a 1949 civil rights bill saying:  “The filibuster is the last defense of reason, the sole defense of minorities.” 
1950’s:  Less than one filibuster per session. 
1957:  Strom Thurmond opposes a toothless 1957 civil rights act. 
1964:  Robert Byrd of West Virginia concludes a 57-day chain filibuster to hold back civil rights.  The filibuster ends with 67 votes for cloture. 
1968:  GOP defeats the nomination of Abe Fortas as Chief Justice to the Supreme Court. 
1975:  Senate change cloture requirement to 60 votes. 
1987:  Republicans defeat campaign finance reform. 
2007-2008:  139 filibusters affect 70% of legislation. 
2013:  Democrats limit debate to approve judicial nominees. 
2019:  GOP limits debate to approve Trump nominees.  [2, 3]


1. “A Short History of the Filibuster.”  By Peter Carlson.  History Net. Circa 2019. 
2. “Senate Republicans have officially gone ‘Nuclear’ to confirm more Trump judges.”  By Li Zhou.  Vox April 3, 2019. 
3. “How a Filibuster Works.”  By John Kelly.  How Stuff Works, August 26, 2019. 

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