On Filibusters and Cloture

The U.S. Constitution presumes that in both houses of Congress a majority (half plus one of those who vote) decides things, except as regards explicit exceptions such as treaties, etc. To be absolutely clear, the Constitution never mentions filibusters or cloture. If, as with Senate Rule 22, the majority decides that it doesn't want to pass legislation by itself but prefers to share responsibility for controversial decisions with the minority, of course it's free to do that. But we shouldn't be blind to what's happening. When the Democratic leadership in the Senate says that they can't do anything without 60 votes, they are lying. Yes, of course they have Rule 22, but all they need to change Rule 22 is a majority vote.

In an earlier time, with less at stake, some rationalizations for Rule 22 might have made sense (though from a parliamentarian's perspective all the Senate needed was a simple rule to end debate). Today, with the economy on the edge of a cliff, it makes no sense to put traditions of the Senate ahead of the public interest.

To the extent that Senate Democrats accede to Republican demands — more tax cuts, for example, instead of stimulus spending — they are adopting a self-defeating strategy. Better to bite the bullet, tell the Republicans to go to hell, and pass the best legislation that the Senate can produce. Otherwise, how much difference is there, really, between the parties?

And television's talking heads might start asking some obvious questions about majority rule instead of mindlessly accepting the "magic 60" test.