The phrase "taking a walk" may get a
whole new meaning if the South Carolina Senate changes a rule dealing with
filibusters.
In large part, the Senate is considered the home of more collegial,
deliberate and thoughtful debate than the S.C. House because a minority of
senators has the ability to hold up measures pushed by the majority. In
other words, the minority on any issue can talk a bill to death until
someone in the majority wises up and realizes the proposed measure is too
radical or softens it to deal with concerns of the minority.
While some folks don't like the power
this tool provides the minority, it has been useful because it often leads
to better laws. Why? Because it forces opposing sides to compromise.
Filibusters aren't used all that often, but have been used more in
recent years, after the Senate reorganized from a non-partisan seniority
system to a partisan system. Currently, members of a minority on any issue
can hold it up when it gets to the Senate floor for debate by continuing
to talk and talk about it -- to filibuster. To stop the debate, at least
28 senators currently are needed to close off the filibuster.
Over the years, this so-called cloture number, which has varied from 27
to 30 or so, has been sacrosanct. That's because senators from both
parties and sides of various debates have known that one day, they might
want to use a filibuster for something they view as bad. So over time,
regardless of their position on an issue, many have been hesitant to vote
for cloture to sit down a filibustering senator. Because of the fear they
might face a halt to debate on something they wanted badly, the filibuster
has been an effective threat and tool to bring people together on tough
issues.
Now, however, a handful of editorial writers, some Senate Republicans
and Gov. Mark Sanford desperately want change so they can "get things
done." They want to change the formula on how to curb debate from the
simple number 28 to "three-fifths of members present."
In other words, they only would have to get 60 percent of the people in
the Senate chamber to vote to close debate to move forward. It might not
sound like a big deal, especially when the 28 is 60 percent of the state's
46 senators.
But it is a big deal because it means if one senator is filibustering
in the middle of the night and all of his colleagues in the minority are
elsewhere, then just two senators in the majority could pass a motion to
cut off the filibuster's debate. (Two out of three is 67 percent.)
It also means senators will start "taking walks." When a vote to close
debate arises, some senators will leave the chamber so they're not present
and can't be counted in the percentage to close off debate. In other
words, weak-willed senators who don't want to "sit a colleague down" just
won't participate and will be able to safely say that he or she didn't
vote to cut off debate. Their walk, however, affected the outcome. And
that's not good for the process and accountability.
Critics of the filibuster say it has been abused recently and they
can't move legislation they want through the chamber. They say the very
process that helped Republicans preserve their rights and have a voice
when Democrats controlled the legislature needs to change so they can get
important legislation passed.
Hogwash. First, when did Republicans seek to pass more laws? They
traditionally have been opposed to more laws, more government, more
bureaucracy.
Second and perhaps more importantly, changing the cloture rule will
change the historic role of the Senate -- to cool off firebrand
legislation that comes from the House.
It's remarkable that during the eight-year gubernatorial term of GOP
Gov. Carroll A. Campbell Jr. -- one of the state's most successful
governors -- a startling amount of legislation Campbell wanted got passed
with a Democratic-led General Assembly. By using compromise and working
with lawmakers, Campbell successfully pushed a gas tax increase, corporate
tax cuts, restructuring and more.
In other words, Campbell didn't need a rules change to get things done
with a legislature of another party. Now Sanford, who hasn't had a major
piece of legislation passed in two years, wants to change the rules even
though his own party is in control.
"For the Senate to kow-tow to a governor is as bad as a governor having
to kow-tow to the Senate," said Senate Minority Leader John Land,
D-Clarendon. "Neither should be subservient to the other."
"The filibuster rule is the rule that makes the Senate what it is ... .
If we do [change] it, we will have two houses of representatives without
deliberate debate."