New Senate rule
worked like seat belt law — without being invoked
By CINDI ROSS
SCOPPE Associate
Editor
ON THEIR first test drive last week, the new Senate rules worked
just like the tougher seat belt law they advanced: Their mere
presence caused everyone to use restraint.
It was no accident.
The beauty of the new rules — just like the seat belt law — is
that they positively affect behavior even when they aren’t invoked.
That’s something critics of both the rules and the seat belt law —
who, ironically, tend to be different people — have either failed to
grasp or refused to acknowledge.
We all know about the effect of a tougher seat belt law,
well-documented in studies: Simply empowering police to enforce the
law causes more people to buckle up. That’s because most people obey
the law simply because it’s the law, or else because they have some
reasonable fear that they might get caught and punished if they
don’t. (One reason our seat belt law isn’t particularly effective is
that some politicians have convinced people that it isn’t the law,
but that’s a different issue.) Only a tiny minority actually have to
be arrested for the law to work.
There’s nothing strange about that. The primary goal of nearly
all of our laws is to deter bad behavior; when we have to punish
offenders, the law has not been as effective as it should have
been.
The Senate’s new anti-obstructionist rules are at their best when
they work the same way. And that’s what happened with the first
controversial bill the Senate took up this year, the measure to
remove the handcuffs that had prevented police from enforcing the
state’s seat belt law.
No opponent was denied the opportunity to have his or her say on
the bill; senators got to offer all the amendments they wanted. And
once the Senate had debated and voted on all those amendments — a
process that took about four or five hours over the course of four
days — the opponents summed up their arguments and sat down, and the
Senate passed the bill.
“I think they realized that with the amount of support that the
seat belt bill had that they were running a risk of a cloture vote,”
said Sen. Larry Martin, a chief architect of the new rules, said of
seat belt opponents. “I do think that the fact that the threat was
there ... I don’t believe people are going to be as quick to push
the envelope as they’ve been in the past, to get up and grab the
podium and say ‘You’re gonna have to sit me down,’ because we might
oblige them.”
On its surface, it would appear that the seat belt bill would
have passed this year even under the old rules: 33 senators voted
for it, and the old rules required 28 votes to end a filibuster. But
that overlooks two realities: Some senators will never vote to end a
filibuster, no matter how strongly they support the bill being
blocked; and it is a common practice for some senators to do
everything they can to sabotage a bill, but then vote for it in the
end, so they can claim to have been on the popular side of the
issue.
The new rules do nothing to prevent either practice, but they
make both less effective, by reducing the number of senators it
takes to stop a filibuster. It now takes 26 votes if all the
senators participate, and fewer as senators go home. That second
provision is especially important, because fair-weather supporters
tend to be ones who skip out on the debate. Their absence used to
actually aid the filibuster; now it doesn’t.
While the atomic bomb of the new rules debate didn’t have to be
launched, Mr. Martin points to two less-notorious new rules that
were used as helping the seat belt bill along.
When a seat belt opponent proposed requiring police to keep
statistics on the race of drivers in all traffic stops, he was
blocked by the new rule that makes it more difficult to attach
unrelated amendments to bills. Opponents had to fall back on an
amendment that required police only to keep racial statistics on
seat belt violators; that had the Senate hung up for a while before
it was rejected, but not as long as the broader amendment, which
invited a practically unlimited debate on all of the state’s traffic
laws, would have taken.
The other rule that was important in the seat belt debate makes
it difficult to amend a bill on the final of three required
readings. Mr. Martin points to this rule as speeding things along by
“pretty much finishing the debate on second reading,” but I believe
it had an even more significant effect.
I was skeptical of this provision, because another rule makes it
easy to cut off a filibuster on second reading. Taken together, that
means that if a bare majority could invoke cloture early on, it
could prevent any debate that is aimed at producing compromise.
But during the seat belt debate, the rule worked just the
opposite way. The majority knew they might need the support of some
skeptics to pass the bill. So when opponents raised even potentially
legitimate concerns, supporters offered amendments to address them.
I’m not crazy about all the amendments, but the honorable goal of
extended debate is to accommodate the legitimate concerns of
opponents. And that was done in this instance.
It’s still far too early to declare the new Senate rules a
success or a failure. But when they were proposed, Democrats made it
sound like they actually required the majority to artificially
curtail debate — just as detractors act as though the new seat belt
law would require police to pull over every lawbreaker. That’s not
going to happen on the highways, and, at least on this crucial first
test, it didn’t happen in the Senate.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |