Senate rules do
more harm than good; must change
THE RULES OF THE Senate were designed to make sure that those in
the majority could not push through their proposals without
listening to and seriously considering objections.
The very wise idea was that this process would lead to consensus,
with those in the majority agreeing to modifications that would
address legitimate concerns from those in the minority while still
accomplishing their goals. Using this approach, rather than the
winner-take-all approach fostered by the larger House, almost always
results in better legislation — and greater public respect for the
laws and the government.
Unfortunately, the theory rarely works anymore, and the noble
filibuster rule has turned the Senate into a place where ideas, both
good and bad, go to die without a fight.
The problem isn’t related directly to either political party,
although the growing partisanship on both sides exacerbates it. And
it certainly isn’t new; it has been a problem for years. But the
problem has steadily grown worse, pushed along by the increased
coarseness of our politics, the increased use of the effortless
filibuster and a smart policy change gone awry.
The effortless filibuster stems from a Senate courtesy: If a
single senator objects to a bill, the full Senate won’t consider it
without a two-thirds vote. This was supposed to be a temporary
block, to make sure the opponent was able to participate in the
debate. But over the years, senators started making their objections
permanent, so most bills with a single opponent now die without a
fight. (The effortless filibuster was taken to absurd heights in
1998, when then-Sen. Holly Cork, in a pique because the House
refused to pass a special bill outlawing fishing near her mother’s
dock, blocked every House bill that was before the Senate.)
The policy change came in 2000, when the Senate made the wise
decision to virtually shut down the practice of attaching whole new
laws to the state budget bill. This eliminated the one sure end-run
the Senate had for getting around the abuse of the rules.
Gov. Mark Sanford decided to take on the Senate rules after they
were used to block consideration of his top legislative priority —
cutting income taxes.
But the main problem with the rules isn’t that they prevent the
Senate passing major legislation. Unless it is proposed so late in
the session that opponents can run the clock on it, a major bill
with a core of passionate, committed advocates and with majority
support will make it through the gauntlet.
The main problem is that the rules defeat all those good bills
that most senators support, but that few if any feel passionately
about. It takes so much work to get past the rules that senators
simply aren’t willing to put out the effort for a bill they don’t
feel strongly about — particularly when doing so eats up the clock
and potentially harms the chance of advancing bills they do support
passionately.
There’s no perfect way to fix the rules. Any correction is likely
to either go too far and stifle the minority or else be too easy to
get around. But Mr. Sanford, Senate President Pro Tem Glenn
McConnell and a host of other senators are right: Changes must be
made. It’s important to preserve minority protections, but the
current situation flies in the face of majority rule. And in a
democratic society, that is intolerable. |