American Warmonger

The Filibuster Obstruction - Do we Really Need a Nuclear Option?

Government and argument have gone hand in hand for more years than I can count, even if I take off my shoes. It goes all the way back to the second term of the first president, George Washington. In fact, the bi-partisan rhetoric between Hamilton and Jefferson was one of the primary reasons that Washington only served two terms.

By 1796 Washington had had enough. The "spirit of party," which had upset him in 1792, became rampant and rancorous during his second administration; and he was beginning himself to be a prime target of the anti-Hamiltonians. In his Farewell Address, released to the press in September, the first President warned against party strife; he also cautioned the American people against "excessive partiality for one foreign nation and excessive dislike of another." But no one paid any attention (then or now). The development of political parties, which the Constitution-makers had not anticipated, continued apace; and the preference of Jeffersonian Republicans for France and of Hamiltonian Federalists for Britain remained firm and unwavering. The parties continued to disagree violently over domestic and foreign policies alike.

Taken from: Presidential Campaigns by Paul F. Boller, Jr.

Left and right sides on every issue have been going steady since the birth of this great nation. The filibuster has had a likewise story. The next election after Washington heralded a debate between politicians that no one has seen before and probably never will again. It took six days and thirty-six votes in order to determine the new president. This action was the first known filibuster. It was also the first known filibuster-breaker.

The filibuster, as most of you know, is where one side of an issue requests an expansion of discussion on a topic in order to exact a wide range of things. The original intended goal was to bring to light the examination of a certain item that is presented before legislators to vote upon. It has been used as a threat in order to include riders or create other compromises. In some instances it has been used to delay an item to the point that a vote is waved and the vote scrapped. The last is a definition of obstructionism.

The Phil buster-breaker is a method whereby round-the-clock sessions are held in order to force the hand of the minority party into submission. It is more a show of strength and determination by the leading party. If there is a will to sally forth on a vote then there may be the ability to create a filibuster-breaker. Many times senators and congressmen just don't want to deal with the hassle. This is why we're debating the nuclear option today. I believe Robert Novak sums it up best in this quote:

After early skepticism, I have come to agree with Frist's conclusion that the old-fashioned filibuster-breaker of round-the-clock sessions is a non-starter. Today's Republican senators lack the will to undergo this ordeal. They would have to maintain a heavy presence on the floor while a single Democrat could hold forth.

So it appears that it might not the democratic attempt at obstructionism that may be the problem. It could feasibly be simple laziness on the part of the GOP. Is it that the GOP is lazier than the DNC? Could the conservative party have fattened up on pork bellies to the point that they can no longer compete with the lean liberals? Well, no. That's a complete misnomer. The Democrats have instituted the nuclear option several times:

This is the so-called "nuclear option" that creates fear and loathing among Democrats and weak knees for some Republicans, including conservative opinion leaders. Ever since Frist publicly embraced the nuclear option, he has been accused of abusing the Senate's cherished tradition of extended debate. In truth, during six years as majority leader, Democrat Robert C. Byrd four times detonated the nuclear option to rewrite Senate rules.

Yes, that's right folks. Everybody's favorite KKK Kleagle turned Democrat has used this option several times. It's nothing new to be changing the way government runs. In fact, the government was designed to be a flexible entity in service of the people. It is supposed to, and does, evolve.

Even though we can completely justify changing the rules I am still drawn back to something: "Today's Republican senators lack the will to undergo this ordeal." So is the reason we're doing this because they, the GOP refuse to go into extra innings in support of democracy. I believe this is rather sad, but true.

There is still hope in one concept. It would force the hand of those usurping their power to filibuster but retain the heart and soul of the idea. As things stand today you can pretty much talk about whatever you want during a filibuster. Things such as children's books are read in order to keep the floor on one side of the house or another. This does absolutely nothing for America except create a delay. This is where filibustering becomes obstructionism.

To me it would seem obvious that this is the change we need. We do not need to get rid of the filibuster. We need to focus the filibuster and make it so only the subject at hand is involved. We don't need to make it ruthlessly so. We only need to guide it. related subjects would be allowed. I'd even go as far as to allow this scenario:

Delay: The chair recognizes DaschleMr. Thune (heh). Mr. Thune you have ten minutes.
Thune: Thank-you Mr. Speaker. Due to the continued discussion on the topic I believe it in everyone's best interest that we order some Chinese. I have taken the liberty of printing off 70 copies of Number 1 Chinese on 32nd street. All those interested please fill out the menu and hand it to my aide who will be making the run. Be advised that they are Atkins friendly and use no MSG. I would now like to pass my remaining time to Senator Gonzales...

You see, there's no need to be ruthlessly strict about it, but there would need to be limitations. No Dick and Jane books. No reading of romance novels. Can we please just stick to the task at hand people?

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Posted by aakaakaak at April 22, 2005 10:21 PM