Bending the rules of reconciliation and filibusters, the Senate got twisted
By Ezra Klein
WashPost
Sunday, March 7, 2010
Ask a kid who just took civics how a bill becomes a law and she'll explain that Congress takes a vote and, if a majority supports the bill, the bill goes to the president. That's what we teach in textbooks, but it's not what we practice in Washington. In reality, the Senate has become a battleground to determine who's better at manipulating the rules. The party that wins gets to decide if a bill becomes a law.
For the minority, everything depends on their skill with Rule XXII. For the majority, it's all about their understanding of the budget reconciliation process. For the country, it's a mess.
Rule XXII is more commonly known as the filibuster. In theory, the filibuster is there to protect the minority's ability to speak its mind. This was particularly important in the days before airplanes and television cameras. The majority could rush something to a vote while crucial members of the opposition were back home in their states. The filibuster gave the minority time to slow the process and rally its troops.
As time went on, the filibuster became more common as a tool of pure obstruction. In 1917, Woodrow Wilson convinced the Senate to limit it: Now, two-thirds of the Senate could vote to invoke "cloture," which would close debate. In 1975, Congress lowered the threshold to three-fifths of the Senate, or 60 votes.
(More here.)
WashPost
Sunday, March 7, 2010
Ask a kid who just took civics how a bill becomes a law and she'll explain that Congress takes a vote and, if a majority supports the bill, the bill goes to the president. That's what we teach in textbooks, but it's not what we practice in Washington. In reality, the Senate has become a battleground to determine who's better at manipulating the rules. The party that wins gets to decide if a bill becomes a law.
For the minority, everything depends on their skill with Rule XXII. For the majority, it's all about their understanding of the budget reconciliation process. For the country, it's a mess.
Rule XXII is more commonly known as the filibuster. In theory, the filibuster is there to protect the minority's ability to speak its mind. This was particularly important in the days before airplanes and television cameras. The majority could rush something to a vote while crucial members of the opposition were back home in their states. The filibuster gave the minority time to slow the process and rally its troops.
As time went on, the filibuster became more common as a tool of pure obstruction. In 1917, Woodrow Wilson convinced the Senate to limit it: Now, two-thirds of the Senate could vote to invoke "cloture," which would close debate. In 1975, Congress lowered the threshold to three-fifths of the Senate, or 60 votes.
(More here.)
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