Nobody Likes The Filibuster Until They Do

Nobody likes the filibuster when the other guys are doing it, and everybody likes it when it prevents the other guys from doing things that you don't like. When Democrats were in the majority there was a lot of talk about eliminating the filibuster in order to enshrine a right to abortion in legislation, as well as accomplishing other Democratic priorities. But since Democratic Senators Manchin and Sinema were not in favor, it never got done. Now that the Republicans are in the majority, the Democrats in Congress love the filibuster. 

The Senate rules allow for unlimited debate on any bill. However debate can be ended by a three fifths (60 vote) "cloture" (Cloture = ending debate). A filibuster is an attempt to extend debate indefinitely, therefore effectively killing a bill since it will never be voted upon. In practice the threat of a filibuster is enough to kill a bill if it is determined that there are not 60 votes for cloture, which is why major legislation is said to require 60 votes in the Senate, allowing the minority to kill any bills they don't support. Or simply to hamstring the majority just because. As frustrating as the filibuster, and by extension the 60 vote requirement can be to getting anything done, I believe it serves an important function. 

I am well aware that the filibuster was long used by segregationists to stymie civil rights legislation. It's possibly one of the main reasons that this rule existed in the Senate. However, it is my belief that it serves as a brake on major changes that are supported by a slim or transient majority that might not represent a majority of the electorate. The founders couldn't think of everything (in fact they didn't include the filibuster in the Constitution, that was added later as part of Senate rules) but one thing that they included as part of the design of the new government was a framework to prevent things from preceding without due consideration. There were three branches. The executive and legislative had to come to agreement before legislation could pass and the judicial could override any legislation that was unconstitutional. Even within the legislative branch there were two houses of Congress which may not agree. (Originally Senators were appointed by state governments, not directly elected). Every part of the governing process served as an invitation to stop and think about what was happening and get buy-in from other stakeholders. 

We often hear the phrase, which I first heard from President Obama, "elections have consequences". It's true that whoever wins an election has the constitutional authority to carry out their agenda, but with majorities so thin that a case of the flu can leave the majority party without enough votes to pass their bill, and a president who won a majority of the electoral votes but beat out the main competition by a razor thin margin (with slightly less than 50% of the votes), should we be attempting a major restructuring of government, with changes affecting millions of ordinary Americans, on such a shaky foundation? And I'm not even factoring in the arguably unconstitutional power grab by the president who is attempting to rule by fiat. 

Currently the Senate majority (53 Republicans) is attempting to circumvent the filibuster, and therefore the 60 vote threshold, in order to push through their budget which includes huge changes in the government. A process called reconciliation allows a bill that includes only spending or taxes to proceed with limited debate and no option of a filibuster. One of the requirements is that it be revenue neutral over ten years. The Republicans in 2017 were able to push through their tax plan in this manner. They were able to claim that it was revenue neutral over ten years by having it expire in 2025. Yet here we are seeing an attempt to extend it past this year, so the original terms have been thrown out the window. This year's subversion is using similar creative accounting -- having aspects of the plan -- those that benefit ordinary Americans and not billionaires and corporations -- expire at the end of Trump's term. 

Government policy should embody at least some consistency. Our allies have no idea how to interact with us as each administration seesaws back and forth; domestically we have no idea what the next day will bring -- inflation and stock prices (and with them our 401(k)'s) are at the mercy of a man ignorant of economic reality, and Congress, at least the majority, willing to acquiesce to his whims.  Even aside from questions of constitutionality, we need some bulwark against the tyranny of the (bare) majority. The filibuster is one of those checks.