The filibuster has a long and storied history as a delaying tactic employed by members of the minority party in U.S. Senate. In its most simple form, the filibuster means the minority can prolong or delay a vote as long as they can keep a solid block of 41 senators behind the effort.
The problem isn’t really the filibuster in and of itself. It’s the fact that since the 1970s, the threat of a filibuster has been enough to derail legislation. Since then, all a senator has had to do is signal their intent to filibuster and the majority leader most often opts not to bring the bill to the floor. It wasn’t always thus.
Rather than eliminate the filibuster – and the need to get to 60 senators to invoke cloture – simply fall back on the more historic rules of the Senate. If the minority party, a small segment of senators, or even an individual wants to block legislation, go back in time to when they had to earn it. Make the bastards hold the floor. Make them talk until their exhausted. Don’t let them eat. Don’t let them drink. Don’t let them sleep. Make them grind the machinery of state to a halt right there in the chamber with the cameras on them. Make them stay in session on Fridays and over the weekend. If they want to filibuster, make these octogenarian asshats do the work.
Right now, the minority party can weaponize the filibuster and the majority just stands around and takes it… but the majority can weaponize the rules and procedures of the Senate just as easily. Plus, taking the filibuster back to the future is the far more poetic option than throwing it over and turning the Senate into a smaller, more elderly, simple majority needing version than the House.
Make the Filibuster Painful Again. That’s Ol’ Doc Tharp’s prescription.
In the wake of today’s presidential decree of executive action on the issue of gun control I keep hearing the refrain that we need “common sense” legislation. That leads inexorably to the discussion of how we define common sense. The very definition of those two words will be very different depending on whether you happen to be one of my gun grabbing friends on the left or my open carry friends on the right. What smells like common sense to me likely wouldn’t satisfy either group. Perception is a bitch like that.
Until we arrive in a place where one side isn’t viewed as wanting to put a rifle in every hand and the other side isn’t viewed as wanting to melt every barrel for scrap, I don’t see a way towards even a basic definition of what “common sense” legislation might look like. Until we find that definition we’ll continue to have what we have today, which is both sides entrenched and able to hold the other largely in check indefinitely.
As long as we’re locked into an argument where the slightest retreat by either side is seen as threatening the collapse of their entire position, I can’t imagine what common sense might look like. I foresee only continued entrenchment and both camps racing away from the middle of the discussion.
1. Summer. I can’t help but notice in the last week or so that we’ve entered the part of the year when I drive by the local high school twice a day and find its parking lot absolutely empty. I’m not even going to try getting into a discussion about teaching, whether it’s an over paid or under paid profession, or even whether it should be open for business year round. For good or ill, we’re still using the 10-on, 2-off schedule of the agrarian age… and as long as we are I will continue to be insanely jealous of our nation’s teachers whenever I drive past on a beautiful summer morning and find them not there. June, July, and August are truly the only three things I miss about teaching… and if I’m perfectly honest with everyone, I’m already looking forward just a little bit to that day in August when they’re stuck back in the grind with the rest of us.
2. “Working families”-based legislation. I’ve noticed this week that the administration is trotting out the whole “working parents” discussion again. Look, I get that having a job and balancing everything else in your life is at best a challenge and at worst an exercise in futility. For working parents, I can understand that taking care of your kids is your first priority. That’s good. That’s how it should be. On the other hand, since I’ve opted not to go that route, I think it needs said that I don’t consider my own top priority items any less important to me than yours are to you. Every time I hear a politician spout something about making life easier for working families, my middle finger gives a little twitch. How about we come up with a few programs that makes life easier for employees in general rather than just a subset of the group? Trust me, I don’t value paid time off or a more flexible schedule any less than you do just because my dependents have four legs and fur (or scales).
3. Lack of focus. Yesterday the Supreme Court of the United States issued a unanimous ruling that law enforcement could not unilaterally search your cell phone without a warrant or in the most extreme of emergency situations. Read that again. It was a unanimous opinion of the court. A win for personal privacy doesn’t get much more decisive than that. But we’re collectively paying more attention to grown men kicking a ball or whatever celebri-skank did something whoretastic this week. Whether you agree with my assessments of daily events or not, I’d consider it hugely helpful if we could all at least try to pay a little attention to something beyond what’s “reported” on TMZ or ESPN.
I’ll be the first to admit that I’m a fan of tax-free shopping on the internet. Of course I know that theoretically I’m supposed to self-report and pay Maryland state sales taxes due on the items I purchase, but… Yeah. I’m going to invoke the 5th Amendment and not discuss the particulars of what I may or may not do.
As a Republican, I should probably be up in arms about this “new” tax, but as a Constitutionalist, it’s pretty well established (i.e. expressly written) that the Congress has every right to fiddle with interstate commerce as it sees fit. As much as I wish it otherwise, my reading of the tea leaves is that the collection of state income taxes by internet retailers is going to become a fact of life sooner rather than later. Do I like it? No, of course not. Am I going to gird myself for battle against it? No, not so much. I’ve got limited brain power and limited time to dedicate to causes and this isn’t going to become part of the long list of the windmills I enjoy tilting at from time to time.
If I were a good patriot who disagrees with state and federal tax policy, I’d hypothetically vote with my dollars – and have as many hypothetical major purchases as possible shipped for in store pickup in Delaware, where at least for the time being can hypothetically continue to avoid onerous state sales taxes and excessive commercial regulation. Of course if I were really to take by business out of state, I’d obviously file the appropriate quarterly tax forms with the Comptroller of Maryland in accordance with whatever batshit crazy laws the legislature has passed.