Booman Tribune

Being of Two Minds

by BooMan
Mon Dec 28th, 2009 at 02:05:44 AM EST

Ezra Klein is right. The Senate is broken and we have to deal with it. I particularly liked this metaphor.

Law professor Lawrence Lessig often compares the dysfunctions of the Congress to the woes of an alcoholic. An alcoholic, he says, might be facing cirrhosis of the liver, the loss of his family and terrible debt. Amidst all that, the fact that he drinks before bed at night might not seem his worst problem. But it is the first problem, the one that must be solved before he can solve any of the others.

However, the earliest date that we could really address the filibuster is probably 2011, when the 112th Congress convenes. At that time, provided that the Dems still have control of the Senate, they could change the Senate filibuster rules with a bare majority. Otherwise, it takes a true supermajority of 67 to change the rules. There has been some talk of ruling the filibuster unconstitutional with a 51 vote majority, but I can't see that happening and I won't be advocating that kind of nuclear option. I don't think the filibuster is unconstitutional, and that is the reason I don't support that approach.

So, I think we realistically have to face the fact that we'll need 60 votes to do anything next year. But we should really treat 2010 as an opportunity to lobby against the filibuster and educate the public about the many reasons we cannot afford to let a small minority of senators obstruct the president's agenda.

I'll have more to say about this tomorrow, but I want to be clear about one thing tonight. In 2010 we are going to have the 60 vote requirement, and we need a strategy for dealing with it that doesn't involve just bitching about it. We need the votes of all 60 Democrats for everything we try to do next year. And if we can't get those votes, we have to make them up from the other side. So, let's be of two minds. What do we need to do in 2010 to get things done, and what do we have to do in 2010 to pave the way for doing away with the filibuster in 2011?



Display:
The Senate is functioning precisely the way it's been designed to function: to frustrate and defeat egalitarian movements from generating law. It's not broken. It's the House of Lords. In America it's the corporations that are the lords. Lieberman is the Duke of Hartford.
by Bob In Pacifica on Mon Dec 28th, 2009 at 10:02:09 AM EST
but why is

However, the earliest date that we could really address the filibuster is probably 2011, when the 112th Congress convenes. At that time, provided that the Dems still have control of the Senate, they could change the Senate filibuster rules with a bare majority.

that period so special that it only takes a majority? Is it because the Senate is first starting the session and nothing else is on the table?

by Paul W on Mon Dec 28th, 2009 at 02:23:55 AM EST
Yes.

It's a weird loophole where the majority can set the rules, but they are then set in stone.  

by BooMan on Mon Dec 28th, 2009 at 02:29:22 AM EST
[ Parent ]
Thoughts on Harkin's proposal?

It says that on the first vote, you need 60. Then you have to wait two days, and on the third day, you need 57 votes. And then you need to wait two days, and on the third day, it's 54 votes. And then you'd wait another two days, and on the third day, it would be 51 votes.
by seabe on Mon Dec 28th, 2009 at 02:39:13 AM EST
  ..."and what do we have to do in 2010 to pave the way for doing away with the filibuster in 2011?"

   So, then, what say you?  What do "we" have to do on that point, hmmm?

"What was truly impressive about the decade past, however, was our unwillingness, as a nation, to learn from our mistakes."

by proximity1 (timesreader@free.fr) on Mon Dec 28th, 2009 at 04:20:50 AM EST
What the rules in CT for filling a vacancy? Does the gov. have to appoint someone from the same party?

________
The Raptor of Spain: A Webserial
From Muslim Prince to Christian King (Updated Nov. 24)
by MNPundit on Mon Dec 28th, 2009 at 05:15:25 AM EST
Yes.  Jodi Rell, a Republican would have to appoint a Democrat for a vacancy in Dodd's seat.  Technically, she would have to appoint a Connecticut for Lieberman candidate for Lieberman's seat, but I think that party has been dissolved.  So that creates an uncertain situation.  Does that then give Rell the discretion to appoint anyone--say, a Republican?

Is there a provision for a special election or does the appointment last to the end of Dodd's term (2010) or Lieberman's (2012)?

At most, the appointment is good only for around three years in the current situation.

50 states, 210 media market, 435 Congressional Districts, 3080 counties, 192,480 precincts

by TarheelDem on Mon Dec 28th, 2009 at 07:37:24 AM EST
[ Parent ]
by PeakVT on Mon Dec 28th, 2009 at 08:35:37 AM EST
[ Parent ]

Ultimately the problem is that in the event that the situation is reversed, and the Republicans were in power again (much like what we had with Bush Jr.), many Democrats could view the filibuster as a useful tool to obstruct some of the nonsense.

I wasn't aware of this loophole regarding the Senate rules, and I am a little baffled as to why if this is so easy that this wasn't corrected at the start of the current session.  If all of this were true, the majority in any Senate session could rule out the filibuster as it is generally only of use to the minority - so the question remains why it is that the filibuster has continued this long?  Bureaucratic inertia perhaps?  But the current level of Senate dysfunction has reached a level that something has to change.

by ericy on Mon Dec 28th, 2009 at 09:10:14 AM EST
Except ... the Democrats only blocked some of the most odious stuff ... they were always "keeping their powder dry"
by Calvin Jones and the 13th Apostle on Mon Dec 28th, 2009 at 09:52:37 AM EST
[ Parent ]
you have to think about what the filibuster really is.  It's not supposed to be a tool of obstruction.  It's a reflection of the unanimous consent rule. Remember that there was a time when our union was a little shaky.  Many states were happy to sever their ties to the federal government if they thought it was wronging them.  If a piece of legislation was going to unduly screw a state, the senators from that state could object.  It was a peacemaking tool.  And it allowed a senator to say, 'hold on a minute.  We haven't thought this through.  Here's why this provision should be stripped.'  Operating by unanimous consent is supposed to foster collegiality, and it usually has in the Senate.  But it's not working now.
by BooMan on Mon Dec 28th, 2009 at 11:40:49 AM EST
[ Parent ]
There is a certain mindset that believes in elves, Santa Clause, the East Bunny and other kindly lies.

There is another mindset that is caused by a lifetime of propaganda.  To wit: the US is Not one of the most evil countries to have ever existed.

There are honest politicians.  No politician ever took a bribe, a payoff, a noshow job, an underpriced piece of land. The loan of a car. Etc.

This mindset leads to being of two minds.  There should be only one.  Start at the top and work down.  Obama has commited over 11 months of war crimes, impeach him in return for single payer.  I'd even throw in a show trial and an execution for the killings in Pakistan and Yemen for the end of the wars in Iraq and Afghanistan.

You just have to think in human think not in political babble and it becomes real clear real fast.


I don't care what your momma told you, your papa told you, the teacher told you or the preacher told you, you ain't getting out of here alive.

by evil is evil on Mon Dec 28th, 2009 at 09:47:00 AM EST
BTW, TPM story reporting possibility of Senate movement on Climate Change is pretty slim.

http://tpmdc.talkingpointsmemo.com/2009/12/with-health-care-winding-down-senate-dems-can-soon-focus- on-climate-change-right-wrong.php

________
The Raptor of Spain: A Webserial
From Muslim Prince to Christian King (Updated Nov. 24)

by MNPundit on Mon Dec 28th, 2009 at 10:25:29 AM EST
Just as the TPM article says, the left is going to have to swallow nuclear power. I don't see why it's such a hard pill anyway. I am a nuclear proponent, so I guess that's why I don't see it.

One that I'm not willing to swallow is opening up the ANWR and/or more oil drilling. It's like these idiots believe oil companies are nationalized or something; we're not Venezuela, GOP.

One thing that scares me is that during the campaign trail, Obama hinted at being open to more drilling if it resulted in clean energy investments. I didn't like where that was going on the campaign trail, and after seeing the health care spectacle, I definitely don't like where it's going now.

by seabe on Mon Dec 28th, 2009 at 11:00:25 AM EST
[ Parent ]
the left is going to have to swallow nuclear power. I don't see why it's such a hard pill anyway.

  1. It requires deep trust of private, profit-driven companies which, if anything, have become more rapacious since the first round of NPP construction.

  2. Until everything is priced honestly, with all externalities included and subsidies excluded, we don't know if nukes are actually a good option.

  3. It makes no sense to invest in any type of new power plant until a dollar of conservation costs as much as a dollar of new generating capacity.

Plus, as long as proposed plants call for once-through reactors, there are the problems of peak uranium and long-term waste storage.
by PeakVT on Mon Dec 28th, 2009 at 12:27:42 PM EST
[ Parent ]
Just a reminder of what exactly he said:

"If, in order to get that passed, we have to compromise in terms of a careful, well thought-out drilling strategy that was carefully circumscribed to avoid significant environmental damage - I don't want to be so rigid that we can't get something done."
by seabe on Mon Dec 28th, 2009 at 11:07:51 AM EST
[ Parent ]
I have no problem with nuclear power in the abstract. My problem with it is:
  1. The plants take a long time to build and it will take a long time for them to make a dent
  2. As I understand it the nuclear fuel is somewhat limited so it's a 50-100 bandaid
  3. There is no way in all hells I trust private nuclear operates to follow safety regs either in building codes or operation
  4. I do not trust the government to actually enforce those regs


________
The Raptor of Spain: A Webserial
From Muslim Prince to Christian King (Updated Nov. 24)
by MNPundit on Mon Dec 28th, 2009 at 11:26:33 AM EST
[ Parent ]
With the parameters you set, the only thing to do is to gear every bill so that it can pass under budget reconciliation rules.  If the Dem caucus isn't goingt to (or can't - take your pick) punish wayward members by stripping committee assignments, then a major lever to enforce discipline is gone.  The President and the party committees have little leverage because only a third (approximately) of senators are up for re-election.  Thus most don't need crunch-time fundraising efforts or joint campaign appearances.  And it is unlikely that money would be withheld in any case.  Voters have little leverage against the worst Dems because the senators are not up for re-election this cycle, or because the senators just don't really give a damn about their constituents.

As for the other side, beyond the duo from Maine, there doesn't seem to be anybody that could be convinced on important bills.  McCain, Voinovich, and Gregg have the 63-65th lifetime PP scores, but McCain and Gregg are much worse this session.

That leaves reconciliation.

I think the filibuster is unlikely to be killed this session, but to rule out the nuclear option from the get-go makes no sense for two reasons.  First, it is unlikely there will be any major accomplishments otherwise.  And second, it's a lousy bargaining tactic.

by PeakVT on Mon Dec 28th, 2009 at 01:40:34 PM EST
Has any Democratic senator voted to sustain a filibuster this session?

Politics is not the art of the possible. It consists in choosing between the disastrous and the unpalatable. J.K. Galbraith
by Davis X Machina on Mon Dec 28th, 2009 at 02:39:01 PM EST
[ Parent ]
yes.  Bayh, McCaskill, Feingold, and Webb have done so repeatedly, including on virtually every appropriations bill.  But only on votes that weren't close.
by BooMan on Mon Dec 28th, 2009 at 02:46:18 PM EST
[ Parent ]
See the results here.
by PeakVT on Mon Dec 28th, 2009 at 05:36:36 PM EST
[ Parent ]


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