Wednesday, April 27, 2005

A Consensus Of Two?

Remember my take on the whole filibuster thingamajig? Surprisingly I'm not alone in thinking that the whole process could use a little reform. From The Angry Red Eyehole Of Steve, The Nuclear Option:

Modernly, the filibuster is an almost routine part of Senatorial debate. With an overcrowded docket, the Senate's time is at a premium, thus with just one Senator threatening to filibuster a measure is often dropped for a later time. This is especially true at the end of the session when the Senate is in a rush to conclude its business. Furthermore, with the two-track debate system introduced in the 1970's, the cost of filibustering has been lowered. The two-track system allows the Senate to consider multiple pieces of legislation simultaneously. If one bill gets filibustered, they can just move on to another bill. This reduces the political cost of the filibuster because it doesn't cause the entire debate process to be held hostage by a filibuster. This also reduces the human cost for the filibusterer himself because he only has to hold the floor when the offending bill is being considered and not until the other side gives in or votes for cloture (ending the debate). Gone are the days of Huey Long's recipe reading and Strom Thurmond's telephone directory recitations.

....

There are many possible reforms that could be implemented to curtail the abuse of the filibuster. For example, reforms like what the Republicans are now suggesting (preventing judicial nominations from being filibustered) could be one avenue of effective reform. As mentioned before, there are already many subject matters that have this restriction. Eliminating the two-track system might also be effective because filibusters would have a higher political cost since they would hold up the entire Senate calendar. Reasonable time limits, like those already in affect for postcloture debate, could also be enacted. A time period that has a definite end yet is long enough for the minority position to make its case, argue for moderation, and win points with its political supporters could go a long ways in limiting the abuse of the filibuster.

And in the midst of these reforms what should be remembered is that any rule change that is made can be undone. The Senate has the power to change its procedural rules to however it sees fit. If it is found that any rule change is an unreasonable or harmful restriction on the filibuster, then it can be removed.


The whole article is interesting and worth a perusal.

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