How many votes should be required to pass bills in the Senate?
Jonathan Chait links to a neat chart demonstrating the incredible pace of the use of the filibuster — on track for 153 this term, which is 3 times the number of the previous term and 25 times the pace of 40 years ago. The question on the table is the Democrats’ potential use of the reconciliation process. Of course, this should be no surprise given the GOP’s willingness to filibuster a great majority of bills and appointments this term. As Chait points out, Republicans have created a de facto supermajority requirement for every bill with any kind of opposition. This situation is clearly not tenable for a supposedly deliberative body. Rather than bemoan the death of partisanship, the discussion needs to center around how the process can be streamlined given that each party is now willing to apply whatever procedural rules are necessary to move or block their agendas.
The relevent question coming out of this debate is really this: what should the number of votes to pass a bill in the Senate be?
Of course, the Senate rules are set up to slow deliberation and provide a sober and small-c conservative counterweight to the House, which was designed to represent the passions and furies of the people.
However, the deeply partisan nature of the Senate has annihilated the deliberative function of the Senate. that said, is there any argument to set the rules for 60 votes? if not, what argument can be made for the continued existence of the filibuster?
EDIT: While still, to me, an interesting theoretical question, the point may be moot in the current Senate due to Arlen Specter’s defection.
– John
Related posts:
- Can the Senate pass permanant legislation?
- Tyranny of the filibuster?
- What’s best or what’s possible?
- Should Congress pass an airline passengers’ bill of rights?
- Chait on representation
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