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In an agreement reached between Senate Majority Leader Harry Reid and Republican Leader Mitch McConnell, the world's most deliberative body will not change its rules on the filibuster after all.
A group of mostly freshmen senators were denied an opportunity to make changes with only a simple majority. They argue that the Senate rules allow that on the first day of a new session, the body may amend its rules with only 51 'yeas' instead of the 67 normally required. Democrats refer to this as "the constitutional option."
But Senate leaders have agreed not to take what many Republicans and some Democrats believe would be too drastic a step.
"Senator McConnell and I both believe that our reverence for this institution must always be more important than party," Reid said in a written statement. "And as part of this compromise, we have agreed that I won't force a majority vote to fundamentally change the Senate - that is, the so-called 'constitutional option.'"
The leaders agreed to five things that Reid said will lead to "a healthier Senate." Three of the changes are concrete, while the remaining two are more aspirational.
The first three:
1. Eliminating "secret holds," which can delay a nomination or legislation
2. Eliminating the tactic of forcing the Senate clerk of reading of an amendment aloud if it has already been publicly available for 72 hours
3. Creating legislation to exempt about 1/3 of all presidential nominations from the Senate confirmation process. These would primarily be low-level nominations for positions not directly involved with policy decisions.
In the remaining two:
4. Republican Leader McConnell agreed that he too would not try to change the Senate rules with the constitutional option "in this congress or the next Congress."
5. McConnell agreed to reduce his use of the filibuster on motions that bring the bills to the floor for debate. (There was no agreement on the frequency of filibusting bills before passage.) And Reid agreed to reduce his practice of "filling the tree," which blocks Republicans from offering amendments.
The first two items in the agreement will be codified with votes later today, which are expected to pass.
There will also be votes on the more dramatic changes to the filibuster rules that a small band of Democrats initially sought, but they will be subjected to a threshold of 67 votes (if all Senators are present), and are not expected to pass.
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After the shooting incident, McConnell has lost his power to the "NO" on everything. His moderate republicans are having second thoughts about his leadership. He has no choice but to cooperate with Reid.
Would you like to make a wager on that????
Don't hold your breath, Debra. The AZ shootings had nothing to do with the Senate
It's Washington. Who was in charge, stays in charge.
Especially when the Dems & Obama refuse to call out the repugnicans on anything. (War Crimes, Fundraising in the White House, Electrocution showers, .....the constant lies, the direspect for the Presidency & the President.
They will continue to let the repugs do & say whatever they want whenever they want.
Anyone who truly thinks that Palin or Bachmann are even close to being qualified to be President need to have their heads examined. It has nothing to do with GOP verses Dem. It is just them. Please don't encourage them.
Love the comment.... tyrany by the majority.... fillibusters are more about rule by the minority. The GOP made it that you needed 60 votes to even discuss something... that's a crock... either function or resign...
It's a nice job when you have one group paying to vote yes and another group paying you to vote no.
So, the American people understand it's in their best interest not to move too quickly on anything in Washington . After all it wouldn't allow enough time to get paid off for the yes or no vote.
It looks to me like congress has simply made their jobs easier, first not having to actually filibuster, now not having amendments read. I mean, all that legislative stuff gets in the way of fund raising for re-election. And that goes for both parties, whether Republicans using secret holds to get an earmark for their state, or Democrats getting earmarks for their vote.
Of course votes wouldn't have to be "bought" if Republicans didn't abuse the filibuster to the point that a super majority of 60 votes (instead of a simple majority of 52 votes) was required on everything, even just to debate. And if Republicans didn't generate frivolous amendments to jam up the system, Reid wouldn't have to "fill the tree."
A couple of shout outs: About Palin and Bachmann, I wonder if between the two they'd have an entire brain--or at least a mouse with a fully-functioning brain. Just like Bachmann's rebuttal to the State of the Union, once again Palin's recent speech was full of historical inaccuracies. But the Tepublicans don't need no stinkin' badges, er uh, facts.
Kevin--excellent point about tyranny by the minority. The filibuster used to be 67 votes, if one can imagine that.
And to Spanky, the Byrd Rule applies to reconciliation, (another tactic Republicans have used more than Dems to pass something without being filibustered), but if it affects revenues as with the Bush Tax cuts, then it can't be made permanent.
True
I think this is a good step forward for the Senate and shows that they can work together (Reps and Dems) if they want to and get things done. The paring of the list of positions that need to confirmed by the Senate to higher level positions is a big step forward.
The amendments from the Reps are frivolous in your opinion only.
I think Reid is looking forward to 2012 when he is likely to be the minority leader and that is why he didn't take more drastic action in changing the filibuster. I think I agree with you, I would rather see the filibuster require that the party filibustering maintain the floor and keep talking and that the other party must also maintain a quorum on the floor or concede the point being filibustered.
I hear more about Palin and BAchman from the liberal left than from the right, what's up with that?
The Constitutional Option is written into the CURRENT Constitution of the United States of America.
Unless and until the Congress of the United States of America offers up a bill to Amend the constitution
to negate the "first day of session 51 majority rule", Then NO ONE OR TWO CONGRESSMEN can privately
agree to NEGATE that constitutional clause. GET IT REID ??????????????????????????????
Mr. Reid, YOU SIR ARE ON VERY THIN ICE !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
LET's MAKE DAMN SURE ALL SENATORS ARE IN PLACE ON THE FIRST DAY OF SESSION !!! (they won't be)
TAKE THE FILIBUSTER VOTE ANYWAY, AND IF A MAJORITY OF 67 cannot be ATTAINED, THEN,
SOMEBODY SUE THE HOUSE MAJORITY LEADER, THE SENATE MAJORITY LEADER, AND ALL CONGRESS !!
RULES MUST BE MODIFIED TO SIGNIFICANTLY REDUCE--MORE APPROPRIATELY ELIMINATE ALL FILIBUSTERS!
DAMN ALL THIS CONGRESSIONAL BACKROOM NEGOTIATIONS ANYWAY !! At LEAST WE HEARD THIS TIME !!
THIS CRAP HAS GOT TO STOP !!!!