Discussion: Harry Reid's Parting Shot: Dems Will Nuke The Filibuster For SCOTUS

Except that while the GOP will howl and scream about the destruction of “regular order”, and the “democrat party destroying comity in the Senate”, and countless other bullshit lines, I guarantee you that if they were to win the Senate and the Presidency, they would not only destroy the Filibuster in a split-second, they would blame the Democrats for “forcing us to do it”.

Someone has to do it. It has long outlived its usefulness. Might as well be the good guys that take that step first.

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Not exactly, but don’t take my comment to inversion as an indication that I’m against this idea because I’m not - I think we should nuke the filibuster for court nominees.

We just need to be careful about how we wield that scalpel and not use it as an axe and cut off something of our own.

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Why shouldn’t they nuke the filibuster? Republicans have completely abused it and there’s no reason to take them at their word here. They would absolutely do the same thing if they were in a position to benefit.

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Not fear. The number of Dems up for reelection far outnumber the GOP in 2018. many in red states.

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I hoping they get a huuuge majority in the senate!

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Would agree with you on Schumer.

Problem is, he’s the D’s most prodigious fund-raiser and he’s always willing to share the $$$ as evidenced by this year’s activity. That ‘talent’ carries a lot of weight in our current system.

Besides, if Schumer’s good enough for Harry to pick over Durbin, then i have to go with Harry’s insight.

IMHO, Pelosi’s the most effective House Speaker of my lifetime.

Respectfully

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Absolutely. I’d love to have her back.

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I have thought of the filibuster as being something somewhat outside of the constitution. My suspicion is that it originally came about as something to preserve comity in the senate, in the sense that if the minority found something to be truly a threat to their most basic interests, they had a last resort available.

The republicans under McConnell have so abused the filibuster as to make it meaningless for that purpose, by destroying the basic level of respect and trust required for “comity” to exist. Very short-sighted and foolhardy thing to do, to my mind.

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The filibuster is an archaic non-constitutional old boy wink-wink nudge-nudge time-wasting shine the spotlight on me for some stupid-ass reason before I give up and the vote goes on as planned Senate rule designed for the filibustering Senator’s re-election effort.

It has no merit in modern times, and I am a little pissed that Reid didn’t get rid of it when he had the chance.

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Thank God. If they don’t want to govern, get out of the way and let the adults do the heavy lifting. Enough of this horse shit.

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When they go low, we release dense, noxious gas.

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On the other hand, who knows HOW the GOP will recover after this election tho. There may be a split. Trump isn’t going to just walk away. If he leaves, he’ll take a lot of pissed off, former GOP votes with him.

Thanks, but I just don’t agree with this type of thinking. We need to get stuff done, and we can’t if the Rs are allowed to filibuster. If we get stuff done, we have a decent chance of keeping our Senate seats in 2018. If we don’t, we will get creamed, and will deserve it. If we get rid of the filibuster and do lose the Congress in 2018, and if tge Republicans then actually send bad bills to Madame President, she will veto them. No guts, no glory. The filibuster encourages reckless behavior. Let’s just get rid of it.

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If Republicans decide to maintain an absolute filibuster on any SC nominee that a President Hillary Clinton proposes, then Democrats will have no choice, if they are in the majority, but to nuke the filibuster on SC appointments. And that will make it hard for Democrats when there is a Republican president with a Republican-controlled Senate, but that will be something that will have to be dealt with at some point in the future. That kind of obstructionism would seriously damage the effectiveness of a third branch of government that is supposed to be co-equal with the Congress and the Executive and cannot be allowed.

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No; the original intent of the rule was to allow the Senate to be a more deliberative body than the House, which is ruled by simple majority. Its a guard against “tyranny of the majority,” which the Founders had serious worries about.

The problem is not so much the filibuster, but the abuse of it, and it arises out of the extreme partisanship that has infected American political life. A generation ago, the filibuster was used to force compromises in proposed legislation that made it more palatable to the minority party. Now it’s being used to prevent the majority party from doing anything at all. And that is fundamentally un-American.

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The rule was originally written by Thomas Jefferson, who was most certainly a Founder.

Yes, I think that would be a much better approach. Force the people who wish to filibuster to keep their 40 votes on the floor, rather than requiring the majority to muster a supermajority. I don’t want to see any more Senators hauled in from a sick bed the way Robert Byrd was in order to break a filibuster.

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[quote=“libthinker, post:80, topic:45690”]
I have thought of the filibuster as being something somewhat outside of the constitution.[/quote]

It’s absolutely extraconstitutional, in the sense that the only thing the Constitution authorizes is for the Senate to make its rules. The filibuster is permitted under the rules of the Senate. Article I, Section 2 says that each House determines its rules.

My suspicion is that it originally came about as something to preserve comity in the senate, in the sense that if the minority found something to be truly a threat to their most basic interests, they had a last resort available.

My recollection from reading is that the filibuster isn’t really explicitly mentioned even in the rules. It is a side effect of the lack of a rule limiting debate: unlike Robert’s Rules (and the House Rules), the Senate must explicitly vote to close debate on an issue. The rules also call for a supermajority to reach cloture. The size of the supermajority has varied. It is currently 60%. There have always been privileged issues that had limited debate – budget reconciliation is the only one I can think of the top of my head.

Eugene.

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