Preeminent
defender, practitioner of Senate rules advocates
change
By CINDI ROSS SCOPPE Associate Editor
JOHN COURSON was livid. He had just watched as minute after
agonizing minute — nearly 300 of them — ticked off the clock while
yet another of the all-too-common mini-filibusters tied the Senate
in knots, this time leaving it helpless to take up scores of bills
that would have become law this year had those precious minutes not
been squandered.
“This is going to be the precursor of huge rules changes,” the
senator declared as the gavel fell on a singularly disappointing
session. “This is unconscionable.”
Sen. Courson was not alone in his frustration over the latest
abuse of a set of rules noble in origin but so badly abused in
recent years as to have lost all claim to virtue. And the company he
keeps, led by Sen. Glenn McConnell, is so impressive that the most
antiquated and anti-democratic of the rules are almost certain to
fall, ushering in a new era in the Senate — and therefore in the
General Assembly and the state as a whole.
The idea behind the abused rules was that the majority should
never be able to take action without considering the views of the
minority. And unless the majority was overwhelming, it should have
to incorporate at least some of the minority’s ideas into its
own.
But the rules were drawn for a simpler time, when senators shared
a code of honor, if only among themselves. Such rules work only as
long as a senator’s word and motives can be trusted.
They no longer can be.
No one has been a more fierce defender of Senate rules and
traditions than Mr. McConnell, whose mastery of both has given him
awesome parliamentary power and earned him universal respect within
the body and the lofty title of president pro tempore of the Senate.
But after years of insisting that a little tinkering with the
Senate’s rules or habits could overcome mounting problems that
seemed so obvious to many outsiders, Mr. McConnell now concurs:
Change must come.
“The Senate,” he says sadly, “has become too contentious now to
operate on the old system.”
Mr. McConnell and other critics charge that a handful of senators
used trumped-up concerns about a gubernatorial appointment as a ruse
last Thursday to block final passage of other bills they opposed.
Worse, they contend that some senators had drawn out the
confirmation battle for months, deceptively claiming they simply
needed time to get questions answered, when they had no intention of
ever giving in.
But while it may have shaped other senators’ positions, this
last-minute ploy merely provided an exclamation point for Mr.
McConnell, who already had accepted the inevitable truth.
Ironically, it may have been Mr. McConnell’s own famous dilatory
success that convinced him changes must be made. When he was
fighting to stop the Senate from taking a vote on a stricter seat
belt law, Mr. McConnell says, supporters brought word that they had
the votes needed (28 of 46 senators) to end the filibuster, so long
as Mr. McConnell wasn’t the one holding the floor at the time. So he
sat down and let other senators filibuster. And he sat. And he
sat.
For five days he sat; he put up the least popular senators on his
team. A vote was taken. It fell short of the promised 28. Another
vote was taken. It, too, fell short. Mr. McConnell was then able to
convince his colleagues to move on, because of mounting evidence
that several senators who claimed to support the seat belt law were
secretly working to sustain the filibuster so the Senate couldn’t
get to tort reform legislation.
“What’s happening, sadly, is that our rules have started to be
used not just against a particular bill but to block us from getting
to other things,” Mr. McConnell told me last week. “When I came here
the debate rules were used to make sure the concerns of the minority
were incorporated into the view of the majority. Now, filibusters
are used to keep from even getting to a bill.” The filibuster rule
“has become a blocking mechanism rather than a holding
mechanism.”
Mr. McConnell’s determination to plug a loophole the House has
learned to exploit to force Senate debate on certain issues is to be
expected. It is his goal of finding a way to “allow us to get to
things” and to “allow extended debate, but allow us to come to a
conclusion” that signals a dramatic break. That means changing the
tradition that allows a single senator to block debate on a bill
without a two-thirds override and the rule that allows opponents to
block a vote on contentious legislation without 28 of 46 votes. The
single-senator blockade is the most offensive thing that happens in
the Senate, and it has been used to carry out personal vendettas and
to try to force action on unrelated legislation.
Mr. Courson predicts the Senate will increase the number of
senators needed to block debate and reduce the number needed to
force a vote. But Mr. McConnell is toying with less blunt solutions,
including my favorite — a sliding scale. That might mean a single
senator could block debate for a day, but that with each passing day
the number of senators required to block debate would increase. Once
the debate starts, it could mean that after a set time — say a week
— the number of votes needed to end a filibuster and take a vote
would decrease.
Whatever precise shape the changes take, Mr. McConnell promises
to be true to Senate traditions. Hearkening back to his famous,
larger-than-life predecessor, he says: “All I can do is try to think
of what Senator Gressette would have done.”
“We need to keep the deliberative nature,” he said. “But we have
to change.”
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |