Removing the sixty vote cloture rule might, and probably
would, make matters worse. A simple
majority requirement might cause narrow ideological majorities to push through
controversial and unpopular legislation. The unpopular health care reform of
2010, for example, avoided a filibuster because it was attached to budget
reconciliation legislation that by Senate rules could not be filibustered. Republicans used the same process to enact
the controversial Bush tax cuts in 2001 and 2003. In the absence of a
filibuster, both pieces of legislation (in fact any piece of legislation) could
be easily undone if a rival ideological majority gains power in the
Senate. This sort of ideological zigzag
would produce a cycle of passage and repeal of programs. Without filibusters, narrow Senate majorities
will appoint more ideologically extreme judicial and executive branch nominees. Given the sharp partisan polarization in
Congress and the partisan activists that control the major parties, the
filibuster offers the public protection against immoderate majorities enacting
intensely ideological agendas only to have them repealed and replaced with an
opposing ideological agenda when party control shifts.
Protection against partisan majorities is necessary because,
as I have noted many times, America’s two major parties are polarized and
neither commands close to majority popular support. The less-polarized public vacillates between
two ideologically extreme parties and at times frustrates both parties by
voting in a divided government. If
popular majority preferences consistently were frustrated by arrangements like
the Senate cloture rule, then perhaps majoritarian reforms would be in
order. But that is not the case. At present, the cloture rule prevents either
party from readily enacting an agenda that does not reflect the popular will.
Tuesday, July 17, 2012
In Defense of the Senate Filibuster
Senate Majority Leader raised again today the threat of
reforming Senate filibuster rules in response to Republican “obstructionism.” Reid is not alone, many have urged changes in
U.S. Senate rules to curtail the growing number of filibusters. The current cloture rule, requiring sixty
votes to end debate, might be reduced to a bare majority requirement to lessen
unlimited debates or there may be multiple successive votes on cloture with the
threshold falling after each vote – eventually falling to a bare majority. Such reforms ought to be rejected. As the figure
below (excerpted from my forthcoming book with Steven Schier) makes clear,
there has been an explosion in the use of the filibusters. Filibusters increased, and increase
demonstrated by the related, and more dramatic, rise in the number of cloture
motions. The increase began in the early 1970s, and then declined, only to
begin a new rise in the 1980s. There has been an acceleration in recent years,
but the figure makes clear that Democrats and Republicans have been part of the
“problem.” The solution, however, is not to eliminate the filibuster.