Ending the filibuster with one-party rule – Blame the Democrats
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One of the biggest “insider” congressional battles occurring today has to do with the elimination of the Senate filibuster. Using a simple majority vote in the chamber which can give just “one-party” control was not an original idea of President Donald Trump. It was the brainchild of Democrats, led by former Presidents Barack Obama and Joe Biden along with Democratic Senate leaders.
Two individuals who quietly stopped the Democrats from using the so-called “nuclear option” politically were Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona. Unfortunately for America, both were Democrats who became Independents, but did not return to office.
Today Manchin is still fighting for America. Manchin and his daughter, Heather Manchin, have begun an effort to find and elect Independent candidates for the House and Senate – under the so-called Independent Leadership Council. A true independent can see good in both parties, and votes that way, instead of being beholden to the major party leaders or the president.
If the Democrats had prevailed under Biden and Obama to exercise one-party domination by removing the filibuster – a measure that requires 60-votes from the 100 Senators in order to cut off debate and proceed to a vote on legislation. In most instances, the threshold nearly mandates bipartisanship in order to move legislation or confirmations forward – America would have been quite a different place back then. Worse yet, today upon the GOP taking over, Trump would become America’s new king, capable of leading like a dictator. Trump never seems to seek bipartisanship.
Let us examine how we got here:
Democrats would argue that when Kentucky Senator Mitch McConnell exclaimed on the Senate floor that he, as the GOP Senate leader, was going to make Obama (the first black president) a one-term president days into his first term in office, the pungent smell of racism was in the air. McConnell’s “prejudging” or being prejudiced was apparent. Instead of at least attempting to work together as the election had long been over, partisanship on steroids became the norm.
However, Senate Majority Leader Harry Reid came to the rescue, I say facetiously. In order to eliminate the gridlock and allow the confirmation of judges to the Supreme Court he had carved out a “mild” exception to the 60-vote rule in favor of a simple-majority vote. But this has the potential to lead to a “slippery slope.” It allowed for more radical candidates to get a spot on the bench as they only had to secure 50 votes instead of the bipartisan 60. The “consensus judges” era ended.
So when people complain about the make-up of the Supreme Court and blame Trump they are so wrong. Trump merely followed what Obama and Biden had done.
Then the Democrats -- Obama and Biden -- wanted more. They wanted a complete removal of the filibuster on all legislative measures.
When they had 60 Democratic votes they ignored the GOP and passed Obamacare. Yes, one party in the House and Senate did so without bipartisan support. This marked the first and only time in U.S. history when a major domestic measure was adopted without the involvement and at least partial acceptance of the other party.
Yes, every civil rights bill, housing bill, voting rights bill or welfare reform, crime, disability bills -- along with Head Start, Medicare, Medicaid, and Social Security -- passed with both parties participating in their approval. This should tell us something. Obamacare has remained controversial ever since its passage. A precursor to this problem came when former Speaker Nancy Pelosi once said, “We will learn what is in the bill after we pass it.”
Then the Democrats tried to go further. They introduced an innocuous piece of legislation on voting rights that had the popular support of the nation per nearly all polls but was being blocked by the opposing party (the GOP). The Democrats then tried to use the GOP opposition as justification for eliminating the filibuster.
Fast forward to today. Just change the political parties and the exact same thing is being done today. Trump has presented a bill – the so-called SAVE America Act (which also pertains to voting rights) – with some provisions that have overwhelming support of the people per nearly all polls. But the Democrats prevented the measure from coming to a vote. They are preventing the GOP from having the necessary 60-votes to stop debate. (On the surface, even if passed, a normal Supreme Court would likely deem it unconstitutional as the Constitution clearly gives states the right to run elections.) But let us remember, for Trump, being born in America did not necessarily make you an American.
Trump would bank on the fact that a Supreme Court decision would be delayed until after the 2026 elections. Or if the courts got involved, Trump would simply create chaos from the matter being in limbo or he could ignore the courts if they disagree with him. Yes, a constitutional crisis could occur, which Trump would relish.
Manchin and Sinema staked their careers on blocking the Democrats from trying to “have it all their way.”
Luckily the GOP Senate Majority Leader John Thune and other strong supporters of bipartisan compromise on the GOP side are standing with Thune for now. They are fighting to maintain the 60-vote requirement.
Throughout the 21st Century Congress has repeatedly failed to do even the basics of its job: passing a budget (ideally balanced) and spending bills on time under Regular Order. The solution for Congress not passing anything of substance is to punish them with a fine (equal to 15% to 20% of their adjusted gross income).
Members of Congress need to go back to grade school where compromise and creating win-win situations were first taught. The main principle is learning to treat others like you would want to be treated (the Golden Rule). Or, we can call it love, which is a godsend.
Compare that with what we have on Capitol Hill today -- a bunch of folks who harbor deep hatred for the other side and patiently seek revenge in their hearts. Those ambitions do absolutely nothing for the American people, but it sure makes the devil smile.
So I applaud the new efforts of Manchin and his daughter. I also applauded the efforts of the No Labels Party founded by my friend and former colleague, the late Senator Joe Lieberman. We need fewer radicals on both sides of the aisle, not more.
EDITOR’S NOTE: Gary Franks served three terms as a congressman from Connecticut’s 5th District. He was the first Black conservative elected to Congress and first Black Republican elected to the House in nearly 60 years. Host: Podcast “We Speak Frankly” www.garyfranksphilanthropy.org.