WASHINGTON
(By
Jim Abrams,
AP) August
20, 2010
—
Those who
hold the
Senate in
low esteem
can get a
sympathetic
ear from
some of the
chamber's
newer
members.
These
lawmakers
also are fed
up with the
Senate's
ways and
would like
to change
them.
"A graveyard
of good
ideas" is
how freshman
Democrat Tom
Udall of New
Mexico sees
the Senate.
"Out of
whack with
the way the
rest of the
world is,"
says another
freshman,
Michael
Bennet, D-Colo.
"Just defies
common
sense" is
the
impression
of Claire
McCaskill, a
first-term
Democrat
from
Missouri, in
describing
the
filibuster-plagued
institution.
New members,
especially
those from
the majority
party eager
to fulfill
their
election
promises,
typically
complain
about the
slow pace of
the Senate.
But with
partisanship
pushing the
Senate
toward
petrification,
some
newcomers
are seeking
fundamental
changes in
the way the
Senate
operates.
Getting
their more
senior
colleagues
to go along
will not be
easy.
Bennet, the
Denver
school
superintendent
appointed to
his post
after former
Sen. Ken
Salazar
became
interior
secretary,
has put
forth an
elaborate
plan to make
the Senate
more
workable. It
includes
eliminating
the practice
known as a
"hold" in
which a
single
senator can
secretly
prevent
action on
legislation
or nominees;
ending the
ability to
filibuster
motions to
bring a bill
up for
debate;
banning
earmarks for
private,
for-profit
companies;
imposing a
lifetime ban
on members
becoming
lobbyists;
and
restricting
congressional
pay raises.
"It was
immediately
apparent to
me that the
system was
broken,"
said Bennet,
who won a
hotly
contested
primary and
faces a
tough
election
this fall.
McCaskill
said that
while she
had great
respect for
some Senate
traditions,
secret holds
were "kind
of where I
decided to
plant the
flag."
She and
other newer
Democrats
frequently
have spoken
on the
Senate floor
to condemn
holds. She
authored a
letter,
signed by 68
senators,
including 11
Republicans,
in which
members
pledged not
to place
such holds.
McCaskill
also has
worked with
a
Republican,
Tom Coburn
of Oklahoma,
to bring
more
transparency
to bills
passed by
"unanimous
consent,"
meaning they
are approved
without
debate or
roll call
votes.
Udall has
what might
be the
simplest but
most radical
proposal. He
says that
when the new
session
opens next
January, he
will offer a
motion that
the Senate
adopt rules
by a simple
majority.
That would
make it
vastly
easier for
the majority
to modify
filibuster
rules with
proposals.
Bennet, for
example,
would modify
the
filibuster
rules by
raising the
threshold
level for
blocking a
bill to 45
votes in the
100-member
Senate. Bill
supporters
now have to
get 60 votes
to break a
filibuster,
meaning the
minority
party can
block it
with just 41
votes if
everyone
votes.
"What we
have now is
minority
abuse,"
Udall said.
"We have
turned over
to the
minority the
ability to
run the
institution
and to block
whatever
they want to
block."
Udall argues
that the
Constitution
gives the
Senate the
authority to
make its own
rules, but
since 1959
the Senate
has
stipulated
that rules
continue
from one
Congress to
the next. In
1975, the
Senate
changed the
requirement
for ending a
filibuster
from a
two-thirds
vote to 60
votes. But
it
consciously
kept the
two-thirds
majority
threshold
for changing
other rules.
Udall calls
his approach
the
constitutional
option. Five
years ago,
Democrats
called it by
the more
ominous name
of the
"nuclear
option" when
then-Majority
Leader Bill
Frist, R-Tenn.,
threatened
to push
through a
simple
majority
rule for
overcoming
minority
Democrats'
opposition
to President
George W.
Bush's
judicial
nominees.
In the end,
nothing
happened.
Udall's idea
has been put
forward
several
times in the
past, Senate
historian
Don Ritchie
said. But
"the Senate
has always
gotten up to
the cliff
and decided
to step
back."
"Some of the
people
advocating
these
changes
might be
very glad
they didn't
succeed if
they end up
in the
minority,"
he said.
The
minority, of
course, is
always
reluctant to
give up any
authority to
influence
the process.
"I submit
that the
effort to
change the
rules is not
about
democracy,"
Republican
leader Mitch
McConnell of
Kentucky
said at a
recent
hearing on
the history
of the
filibuster.
"It is not
about doing
what a
majority of
the American
people want.
It is about
power."
Supporters
of the
60-vote
supermajority
say it
helped
prevent
Democrats
from
attaching a
government-run
public
option — an
idea
unpopular
with many
Americans —
to the
health care
law. And
growing
national
sentiment
that
Congress
should quit
adding to
federal
deficits was
reflected
when
Democrats
needing
Republican
votes to
reach the
60-vote
threshold
were forced
to cut
future food
stamp
benefits and
an energy
program to
pay for a
$26 billion
jobs bill
this month.
There have
been only
two
instances of
major
changes in
rules
concerning
filibusters:
in 1917,
when the
Senate
agreed to a
two-thirds
supermajority
for cutting
off debate,
and in 1975,
when the
requirement
was reduced
to 60 votes.
Both times,
the changes
grew out of
considerable
agitation
for reform,
in 1917
during World
War I and in
1975 after
years of
civil rights
advocates
being
stymied by
filibusters,
said Sarah
Binder, a
political
science
professor at
George
Washington
University.