Majority Rules, Except when it Doesn't

On the first day of the new Congress, a simple majority is all that is required to open debate on new Senate rules. This could provide an opportunity to reduce obstructionism that has become an exponentially growing problem over the last 30 years. Every returning Democratic Senator signed a letter to Majority Leader Harry Reid urging a vote for rules reform on Wednesday January 5, the first day of the 112th Congress. This “first day” could potentially last for weeks to allow more time for bipartisan talks on the proposed reforms. Estimates have the Senate officially coming out of this prolonged “recess” to to vote on January 24th, though historically, the first day can last for months.

Urgently needed are reforms surrounding the use of the filibuster and other techniques used to block open debate and voting on proposed legislation. The Eisenhower Administration saw two filibuster motions. The 111th Congress saw 91. This practically requires a supermajority of 60 votes in order to get anything done.

Current rules allow one Senator to hold hostage all legislation. For example, Senator Jim DeMint (R-SC) refused to allow any legislation to move forward that his office had personally not cleared. Others have held up bills and nominations, even those with bi-partisan support, in order to get special benefits for their state: Senator Richard Shelby (R-AL) placed a hold on over 70 nominees from the Obama administration in an attempt to force the federal government to award a $35 billion defense contract to Northrop Grumman in Alabama. These deliberate efforts to slow down the process have led to positions in government agencies - including Federal Judicial seats - being left empty for months, and over 400 bills passed in the House of Representatives have gone un-debated in the Senate.

The vote at the beginning of each new Congress on its rules has been largely ceremonial, and as a result the rules have not been changed in decades.

Is there Republican support for the proposed Senate rules changes? What reforms to the Senate Rules are being proposed? How does obstructionism impact the American People? What happens if the Democrats asking for reform lose their majority in 2012? Why has the use of the filibuster become so common? Is there anything valuable about filibustering that we shouldn’t give up? What does delaying the end of the official “first day” do to other business at hand?