Is it finally time to reform the filibuster?
Democrats charge that filibuster abuse has brought routine business to a grinding halt in the Senate
The Senate, goes the old adage, is the saucer that cools the hot tea cup of legislation passed by the House. And one of the institutional procedures that gives the Senate that chilling power is the filibuster, which allows a solitary senator to hold up a bill unless it has the support of a supermajority of 60 of the Senate's 100 lawmakers. And in recent years, abuse of the filibuster has turned the proverbial saucer into "a deep freeze," says Jonathan Weisman at The New York Times, "where even once-routine matters have become hopelessly stuck and a supermajority is needed to pass almost anything." Senate Majority Leader Harry Reid (D-Nev.) is reportedly considering legislation that would prevent individual senators from holding up bills in the early stages of the legislative process, and revive the rule requiring filibustering objectors to actually speak continuously on the Senate floor. Republicans, however, warn that messing with the filibuster could open the door to naked majority rule and suppress the minority party. Is it time to reform the filibuster?
Yes. The government must be able to do its job: The filibuster historically tempered "the more rampant and populist instincts" coming from the House, but in recent years it "has become a means of obstructing progress on a wide range of issues," says The Los Angeles Times in an editorial. The current Senate is the least productive in modern history, passing only 2.8 percent of the bills introduced. "The predictable consequence is that very, very little gets done."
"Senate filibuster in need of reform"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
And the filibuster should not be used as a weapon: The GOP had clearly used the filibuster to deny President Obama "bipartisan victories, pin the blame for ineffectual governance on him, and render him a one-term president," says Greg Sargent at The Washington Post. The Republican Party's "obstructionism is, indeed, unprecedented, both in nature (the extensive tying up of routine Senate business) and scope (the dramatic rise in filibusters in recent years)." The Senate must pass reform that neutralizes the filibuster as a "tactic to gum up the works" of government.
"Republicans whitewash history of filibuster"
But the reforms should be modest: The Senate should not "become a second House of Representatives, running on strict majority party rule," says Jonathan Bernstein at Salon. Republicans should "fight hard against curbing the filibuster" too extensively, and it would be wise "for majority Democrats to tread cautiously," too. After all, they'll undoubtedly be in the minority one day themselves. However, modest reforms can and should be taken to "revive the norms that used to dominate the Senate in the 1960s and 1970s," when the Senate was less dysfunctional. At the very least, everyone can agree that "presidents should basically be able to choose people who stock the various departments and agencies of the executive branch" without being filibustered at every turn.
"How to stop GOP obstructionism"
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published
-
Xi-Biden meeting: what's in it for both leaders?
Today's Big Question Two superpowers seek to stabilise relations amid global turmoil but core issues of security, trade and Taiwan remain
By Harriet Marsden, The Week UK Published
-
Will North Korea take advantage of Israel-Hamas conflict?
Today's Big Question Pyongyang's ties with Russia are 'growing and dangerous' amid reports it sent weapons to Gaza
By Harriet Marsden, The Week UK Published