U.S. Senate needs
attitude change, not rules change
IT’S NOT THE RULES of the U.S. Senate that need fixing; it’s the
partisan behavior and resistance to compromise.
Republicans in the Senate are contemplating ending the
long-standing rule allowing filibusters, at least as far as judicial
nominations are concerned. It now takes 60 votes to break a
filibuster; the rules change would bring that down to a simple
majority of 51. There now are 55 Republicans in the Senate. It what
is supposed to be a great deliberative body focused on ideas and
values, the math, sadly, is as basic as that.
Regarding the politics of this move, it’s worth noting that a
majority of Americans responding to a Washington Post/ABC News poll
believe that the filibuster should not be overturned. The U.S.
Senate should not be run on polls, certainly. But this drive in the
face of public opinion is a telltale sign that another force is
pushing this.
This is a case of both extremes crushing the sensible middle.
Neither party has been looking out for the common interest, which is
supposed to be at the heart of lawmaking, in the fight over
nominations. Republicans have backed themselves into a corner with
the sky-high post-election expectations of their religious
conservative wing. With this group pushing Republicans from the
right, and special-interest lobbies on the left urging Democrats to
give no ground, a collision course is set. Without these outside
groups pressing them, Democrats and Republicans could work this
out.
To defend this change, Republicans are advancing a valid
argument: The filibuster is about giving a minority a chance to be
heard, not absolute power to prevent a vote. But the filibuster is
supposed to be a tool to push a compromise, too. It’s one of those
devices that prods a legislative body to move toward consensus, when
it is used judiciously.
The Democrats have sought a compromise on the disputed federal
court nominations. They have offered to confirm some of those who
were filibustered before, if a deal would preserve the current
rules. Republicans have made a counteroffer.
This fight isn’t really about lower court nominations, of course.
With Chief Justice William Rehnquist ailing, at least one Supreme
Court seat is likely to become vacant soon. This is really the fight
before the big fight, and promises an even bigger mess for the
country.
But if this descent into partisanship continues, how will the
Senate get anything of importance done? Republican senators, notably
Lindsey Graham, want Democrats to join them on an ambitious rescue
of Social Security. After such meltdowns over judicial nominees, how
will any agreements across the aisle be made?
If Republicans want to govern effectively from their majority
position, they will step back and accept a compromise: It would only
improve their ability to govern. And Democrats must do more than
just attempt to block endlessly; they must recognize the majority’s
right to exert the influence that voters have conveyed.
The best way for both to do that: Make a deal on nominees, leave
the filibuster intact, then try to come together as the deliberative
body they are supposed to be. It is their duty to this divided
nation. |