They think they can get away with it

July 9, 2007

When I took the GRE exam for grad school, I remember the word “filibuster” was used in a question to test one’s vocabulary. As a poli sci major, I was delighted to see it, but I remember thinking, “Is ‘filibuster’ a hard word? Are most people unfamiliar with it?”

Probably so. Indeed, Kevin ponders a thought I’ve been thinking about for a while.

I wonder how many Americans understand that you can’t pass legislation in America with 50% of the votes in Congress? How many of them understand that, outside of budget resolutions, you need 60 votes in the Senate? That a filibuster isn’t a matter of Jimmy Stewart talking himself ragged for hours on end, but of merely declaring an intention to filibuster? And that this is done for all but the most routine matters? With the result that the 60-vote minimum is no longer reserved for occasional high-profile issues, but has been institutionalized for virtually all legislation of any consequence?

I figure maybe 2%.

I suspect that’s probably a little high. If it were 1% of Americans, I’d be pleasantly surprised.

It’s why I think Dems really need to focus on exposing the Republicans’ drive to block everything that moves. Voters hear Dems vow to tackle various legislative proposals, and then they hear that the bill failed. As far as Americans know, there’s a Democratic House and a Democratic Congress — why couldn’t they pass the legislation they said they’d pass?

Republican lawmakers routinely pour salt on the wound, going on TV lambasting Dems for failing to deliver on their legislative agenda.

We know it’s because of Republican obstructionism, but if maybe 2% of the public understands what’s going on in the Senate, that’s 98% of the public that is under the mistaken impression that Dems aren’t governing effectively.

This isn’t an example in which Republicans are just doing what Dems did when the situation was reversed (in the first sessions of the 108th and 109th Congresses combined, there were four cloture votes on motions to proceed; this year, there are have already been 13). This also isn’t an example is which “both sides” are to blame — one side is trying to pass popular legislation, the other side wants to obstruct it.

Senate Republicans, in the most cynical part of all of this, are basing their strategy on the notion that voters won’t know better. They’re counting on public ignorance and confusion to conceal their tactics.

The GOP has created a mess in the Senate. Dems need to make an effort to help expose those responsible.

I knew all of what Kevin said and what you repeated, but something about comments on the use of a filibuster made me look them up. If Wikipedia can be believed here, during a procedural filibuster, floor speeches are not required–unless the Senate Majority Leader requires a traditional filibuster, if he feels it’s necessary. Maybe it’s my lack of knowledge of Senate rules, but it seems like that’s an easy way to either have them put up or shut up, quite literally. Or what about not deferring any more business to the Senate? In other words, it doesn’t seem as if the filibuster is the nuclear weapon that so many people make it out to be.

  • CB, you’re exactly right. They are counting on the fact that most Americans are ignorant of the machinations of governance, and what constitutes a majority for passage of bills.

    It’s not that complicated, Dems. Sure, the process may be, but the result is not. And that is what Odom was getting at the other day in his op-ed–expose these frauds and their stonewalling. People get that.

  • Yes yes yes. I wish I could make the congress hear how often the discussion just stops when you mention republican obstructionism, or filibuster or cloture votes because they didn’t know what that means or how it works.
    Like you said, they think the Dems have a majority in the House and Senate and still can’t get anything passed. They try to add that repubs just threaten to filibuster but they never actually do it.
    The Dems need to make the public aware of Senate obstructionism and just exactly how legislation is being blocked. Believe it or not the average citizen didn’t even know what and how pork is added to bills. It’s amazing but true.

    “Majority rules” actually has rules which keep it from being precisely true. SENATE OBSTRUCTIONISM BY REPUBLICANS who “threaten” to filibuster is one of them rules.

  • I’m with Brian: if they want a filibuster then make them show up 24/7 and go for it.

    My guess is that any filibuster, from either side, would fall apart due to the necessity of meeting with lobbyists, fundraising, etc.

  • This morning, I was watching MSNBC (home of Olbermann and Shuster) and they were interviewing a reporter from the WP and he mentioned that the WH is complaining that there have been 600 hearings for the various investigations and only 2 laws passed by the new Congress.

    Now, he credited it to the WH, but he did not provide any insight as to whether the numbers were accurate, nor did he provide any background (i.e., the obstructionist tactics of the GOP), nor was he asked.

    It must be nice for the WH to merely say something, no matter how much BS it is, and it just gets repeated by the SCLM.

  • It is time to replace all of them. Very few of them seem to bother representing the American people; if they were, they would be moving to impeach Bush/Cheney.

  • With all due respect to both Brian and Dudley, I’ve seriously got to disagree with the idea of allowing them to do a traditional filibuster. I’ve heard these people speak and I’m the dumber for it. Even in their limited public appearances they have trouble avoiding jaw-dropping absurdities. So forcing them to speak nonstop for extended periods will surely have a longterm effect of dragging down IQ’s for years to come. So for as much as their current obstructionism is bad, we’re just going to have to put up with it, for the sake of the children.

    Just joking, of course. I honestly can’t imagine why Reid hasn’t forced them to go through with it. That’d be awesome and truly expose them for the idiots they are. It’d be a HUGE news story and everyone would know about how the GOP was obstructing this stuff. Even the TV pundits would have to agree that the Republicans were making idiots of themselves. I’m all for it.

  • Harry Reid, Nancy Pelosi, Howard Dean–any Democratic leader within earshot–needs to grab microphone and expose the obstructionism of the GOP in the Senate! They CAN’T BE PASSIVE about Mitch McConnell and his henchmen. What’s wrong buying TV ad–with some of the money that was successfully raised for the 2008 campaign–to inform the public of this travesty. Democrats need to ACT NOW or the Republicans will frame and cement the debate, and 2008 will be lost before it can be won.

  • I’m with Brian, Make them give the speeches and stay in session. Don’t just drop it and go on to something else make them talk and talk and talk. Schedule a cloture vote every two or three weeks and stick to it. The Dems are letting the Repubs block any legislation they don’t like and then blame the Dems for nothing getting done. If Thoe idiots are shown on the evening news programs (even Fox) day after day blocking the same legislation for a month or so, the American people will begin to realize what is going on and things will be even more interesting next year in the Congressional elections.

  • Agreed. It is imperative that Reid force McConnell to follow through and actually engage in the act of filibustering. It will definitely result in breathless reporting by the media, and after three or four times of endless coverage that “Republicans staged yet another successful filibuster today…”, everyone should know exactly who is responsible for not passing bills.

    Then the discussion will move to, “Well, if the Democrats weren’t so unreasonable in demanding [clean water, higher CAFE standards, living wages – insert other crazy, partisan Democratic ideas here – ], then Republicans wouldn’t have to filibuster so much.” I’d say that’s a discussion we would welcome.

  • If Thoe idiots are shown on the evening news programs (even Fox) day after day blocking the same legislation for a month or so, the American people will begin to realize what is going on and things will be even more interesting next year in the Congressional elections.

    exactly right. I don’t think it will stop GOP obstructionism, but it will make it crystal clear to most voters who is responsible for the lack of legislation.

  • More importantly, do Americans understand that our freedoms and rights are guaranteed by the U.S. Constitution of 1789? You know, the freedoms and rights that brave American men and women in the Armed Forces have laid down their lives for in sacrifice for our Constitutional rights and freedoms during the U.S. Military Occupation of Iraq and the litany of other conflicts and wars that our nation has engaged in.

    Do the American people understand that Dick & Bush have been using our Constitution as toilet paper? Would anything outrage and motivate the American People more? Why are not our benevolent Democratic Presidential candidates campaigning on this premise? That’s right, Gravel and Kucinich, in fact, are doing so.

    Should Presidential candidates of any political stripe take the U.S. Constitution for granted during these times of universal deceit? Isn’t this reasonable? Ron Paul is certainly not taking the Constitution lightly in his campaign.

    Shouldn’t we call our benevolent Democratic Presidential candidates to a higher standard?

  • To paraphrase Blanche DuBois, the Republican party has always relied on the ignorance of strangers. That’s how Republicans gain and hold office.

  • Wow, this is the first time in a long time anything I’ve posted on a blog has actually inspired more than one person to mention it. How cool.

    But anyway, can anybody think of a reason it hasn’t been done already? Like I said, I am not well versed in the rules of the Senate, but if it’s as easy as it seems, I’m just not sure why Reid hasn’t done it already. He’s shown himself to be a good leader for the Democrats. And if I can really pick the brains of everyone here, why didn’t the Democrats try to filibuster the nastiest of Republican legislation back when they were in the minority?

  • I believe Brian’s (and everyone else’s) plan is at least partly in the works, and I remember an e- petition that was going around two weeks ago pledging the progressive community’s support in their local communities and in the local papers to help explain what is happening. Because it is not just about Reid forcing them to vote again and again, but making sure that the media explains what is actually going on.

    Doctor Biobrain said above #8: “It’d be a HUGE news story and everyone would know about how the GOP was obstructing this stuff. Even the TV pundits would have to agree that the Republicans were making idiots of themselves.” But I think he is wrong. The msm really can’t be trusted to get this right – they are far more likely to present the rethug spin on what is happening. Homer #6 said as much.

    It’s not just necessary for the Dems to do the right things, the media has to be forced report what has actually happened and who was at fault for a failure. Otherwise it gets spun into yet another edition of “this really hurts the democrats.” Just as the failure to pass the immigration bill was a short time ago.

    And kudos to Iron Blogger Steve. Where will we see you next I wonder.

  • Absolutely correct! (I was going to say “right” but couldn’t bring myself to do it.) However, we must be able to explain their obstructionist tactics in no more than ten or twelve words, preferably alliterative.

    Unhappily, even bumper sticker rhetoric may not get past the media filters unless we’re very, very creative and very, very persistent.

    However, I fear that you may have to revise your headline. They are getting away with it, all of it.

  • Senate Republicans […] are counting on public ignorance and confusion to conceal their tactics. — CB

    Well, so far, their “math” has been correct on that score, so why give up? I’m with Brian (@1) and everyone else down the line: Make them *do* it, instead of caving into their empty threats.

    I expect it should be possible; I don’t think the rules of filibuster are carved in stone. If they were, 109 would not have had the power to threaten to go for the “nuclear option” and do away with filibuster altogether. So Reid should have the opposite power to *strengthen* the rule and make them talk and talk and talk. Make them read a telephone bok, if they run out of arguments (but no Bibles or Korans or Torahs), but *make them vocal*. In public. One of the C-Span versions covers all debates, no? That would be a good start. After a few days others would pick up the story, both for its news value and because of its entertainment value (See Dick run. See Dick’s mouth move. See Dick run off at the mouth.)

  • 20-20 hindsight: we should have let them have their “nuclear option” two years ago. All those horse’s asses who were screaming about “obstructionism” back then are the biggest obstructionists to ever sit in the Senate, now.

    But of course, Republican is just a synonym for “hypocritical PoS.”

  • The way the “nuclear option” works is really convoluted, but yes, it’s possible. The problem with it is that Republicans would surely take it to the streets calling Democrats a bunch of hypocrites, and with all the coverage of the issue over the last couple of years it would be hard to explain that have Dem’s never, not on their worst day, abused the unlimited debate rule the way Republicans are doing now. The media likes sharp contrast and easy answers. They have little patience with shades of gray — which is unfortunate because black and white don’t exist in nature.

    But I kind of like Brian’s idea (post #1, above). I think I may like it a whole lot. The argument against it of course is that by not having actual filibusters, the senate can agree to disagree on some issues and move on to other business without becoming completely paralyzed by endless series of endless debates. But if the Senate is already paralyzed then where’s the downside? It would make news and throw a big ol’ spotlight on Republican obstructionism. Sounds like fun!

  • I honestly can’t imagine why Reid hasn’t forced them to go through with it.

    Comment by Doctor Biobrain

    I get the feeling that it’s just that the Dem leadership doesn’t want to put their friggin’ “colleagues” on the spot. There seems to be this looking out for their fellow senators sense of position and privilege regardless of how those fellow senators have f**ked them over or lied or flip flopped or pulled the rug out from the Dems time after time.

    The Senate seems to be about it’s cliquish rules first and then the well being of the country so long as it doesn’t impose on those cozy self aggrandizing rules too much. They are senators first and Americans second.

    RepubCo doesn’t deserve the respect that it’s getting. They drag their feet like hell and crap on good intentions. They seem to know that they’re not going to be called hard on their B.S. or really hung out to twist in public. That’s too bad because they will take the Dems good will and kick ’em in the nuts every time.

  • I agree with all of these posts wholeheartedly. I do not think there is anything that could harm us by shifting the blame to those who deserve it. I am sick and tired of hearing the 110th being called ineffective when in reality they have introduced legislation that far surpasses anything the 108th and 109th did. The 110th has been victims to the sly GOP tactics that we have let them get away with for far too long. I feel that half of the game is informing the general public of who is at fault and how they are hiding it. What the GOP is doing is not rocket science and the only reason they have gotten away with it is because we have been afraid to engage in a similar manner, but now is the perfect opportunity to expose them for who they are, move towards increasing public accountability, and prodding the GOP Senators into good legislative practices. The sooner the public knows about such activity, the sooner they find out who is really at fault for Congressional inefficiency. Every day we don’t act is a day they get away with this kind of trickery so lets bring them the fight that they don’t think we have and show them that they no longer can stand in the way of the electorate’s requests.

  • Please excuse my shoddy grammar on the last few sentences as my response was from a PDA and very hurried

  • Republican lawmakers routinely pour salt on the wound, going on TV lambasting Dems for failing to deliver on their legislative agenda.

    I’m fine with a Mitch McConnell going on a Fox News and saying that. Who gives a Shi’ite about Republican lawmakers’ opinions?

    What makes my blood boil is when Cokie Roberts goes on NPR and says exactly the same thing (as she did yesterday). What a beeyatch.

  • Bravo Brian! Forcing them to speak in Public is so rudimentary, it’s brilliant – and they’d never see it coming. They’d have to go on record and be forced to lay out their reasons for not supporting popular, hopefully meaningful, legislation.

    Once upon a time, Members prided themselves on their great oratory skills…in-depth knowledge of public policy and issues was seen as an asset…it would go far to upgrade our public policy discussions and expose the jingoism and “Jesus said so…” effluvia coming out of the GOP these past couple of decades.

    Of course it means Dems would also have to hone their skills and reasons, and take the actual time on the floor – a potentially significant chunk of time. I wonder if they’re up to it…

    Harry & Nancy, are you listening…?

  • I #16 posted on this on the 9th, saying “It’s not just necessary for the Dems to do the right things, the media has to be forced report what has actually happened and who was at fault for a failure. Otherwise it gets spun into yet another edition of “this really hurts the democrats.””

    Well here we are two days later and the media is getting it exactly wrong. Headline from AmericaBlog this morning: “GOP Senate leader McConnell says he will filibuster any and all amendments about Iraq. Media spins story for GOP.” Read the story at http://www.americablog.com/2007/07/gop-senate-leader-mcconnell-says-he.html

    This is THE battle. If we get truthful media coverage, we win on almost any issue you can name. It is that simple. But until we can force that to happen, the Dems are rightly wary.

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