SENATE FILIBUSTER- THREAT TO DEMCRACY?

 

The United States Senate has an unusual rule- the filibuster. Originally from the Dutch meaning ‘pirate’ or ‘plunderer”, the word has been modified by several linguistic transitions to now mean a legislative strategy to delay or kill a bill. This strategy has been utilized in the past by prolonged speaking. Film buffs will easily recall the movie Mr. Smith Goes to Washington (1939) in which the fictional Senator Smith portrayed by the actor Jimmy Stewart collapses on the Senate floor after speaking through the night in an effort to halt a corrupt bill.

The Senate rule is also a matter of counting votes. If 60 senators (out of 100 total) do not support pending legislation it is considered a filibuster because it takes 60 votes to end debate. So, if any one of our two major political parties has 60 or more senators and all these senators stay united the political majority can pass any legislation it so desires. Also, if the majority party does not have 60 senators, deals can with senators from the minority party to reach the “magic: number of 60.

That is one reason why many on the political scene are charging that the filibuster is a threat to democracy in that it thwarts the will of the people, never mind the premise of Jimmy Stewart’s Senator Smith fighting corruption. I also fell into this camp until I studied the matter further. I now believe for several that the filibuster is no threat to democracy.

First, the United States is not a democracy and was not designed to be. (Shall I dare to repeat?) Our Founders in the Constitutional Convention of 1787 were concerned about democracy. From the Greek meaning “rule of the people”, democracy had a popular connotation of mob rule. The Founders knew our new nation needed order to protect our rights and liberties and any idea approaching mob rule just could not become reality. So, to be correct, our political order is a constitutional republic based upon representative government and federalism.

The second reason is related to the first and it deals with the nature of the Senate. Our legislative branch, the Congress, has two houses which the Founders designed to be different. The House of Representatives (henceforth the House) is based on the population of each state and its members are elected every two years. The House is the closest organ of our federal government to democracy.

The Senate, on the other hand, has two senators from each state, regardless of population, Senators have six-year terms with one third of the member elected every two years. Originally senators were selected by their respective state legislatures; this was changed by constitutional amendment to popular elections early in the twentieth century. Contrary to the House, the Senate is a constitutional barrier against the temporal passions of the people and is designed to “cool” legislation.

Third, the constitution gives each house of Congress the right to make it own rules of procedure and conduct. The Senate approved the filibuster rule in 1806 and although limited in its use initially, the filibuster is now used regularly by political opponents on all sorts of issues, major or minor

The filibuster rule was last changed in 2013 when the majority Democrats changed the filibuster rule by a simple majority vote to end filibusters on presidential appointments, including cabinet secretaries and judges. When the Republicans assumed control, they used the new rule to their great advantage with three Supreme Court justices confirmed by bare majorities. The tow Democratic senators opposing the end of the filibuster (Machin and Sinema) know full well that if and when the Republicans win back a majority they will use it to their advantage like they did with the Supreme Court with the last rules change. The essence of the filibuster is protection of the minority among its membership.

Therefore, I do not believe the Senate filibuster is a threat to democracy because the United States is a constitutional republic, the Senate is designed to slow the legislative process, and because the Senate has the constitutional guarantee of establishing its own rules.