OK, they’re finally taking my advice. The Democrats seem to be willing to declare that the Senate is not a “continuing body” and therefore can adopt or change its rules by majority vote at the beginning of a new Congress. In other words, until they adopt rules, there are no rules, so a simple majority can do anything.
That’s great, I hope they stick to it – only the reform they are talking about is really silly. A lot of people I respect –Daily KOS, MassVOTE, among others – are calling for a rule that says you can’t filibuster unless you actually stay on the floor and keep talking. If you stop talking, the Senate can then more immediately to a vote.
I say this is silly for two reasons:
- I actually proposed doing this in an earlier post. However, they don’t need a new rule! It’s the rule now, but senators evade it by asking unanimous consent to set the matter on the floor aside and move on to something else. All it takes is for one senator to object, and they have to keep talking about the bill being filibustered. Senators don’t make such objections, because then they would have to stay on the floor themselves, and they don’t want to be bothered. Would this change with a new rule? I don’t think so.
- We could do much better. The only really important reform is to rule that the Senate can close debate on anything by majority vote. Obstructionist senators will be happy to speak for hours, days, or weeks – it will only get them points with the Tea Party! If the reformers have the votes for reform, let’s make the reform meaningful!
Of course, it may be that they don’t have the votes to change the number, only for the silly rule we are hearing about. But if that’s so, people should be signing petitions for changing the number, not for a meaningless rule that filibusters have to keep talking.
Don’t make them keep talking, make them shut up and vote!