EDITORIALS

Senate filibuster’s sad, maddening history

Posted Dec. 14, 2011, at 5:55 p.m.
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President Barack Obama and presidential nominee to serve as the first director of the Consumer Financial Protection Bureau, former Ohio Attorney General Richard Cordray are seen in the Rose Garden of the White House in Washington in July 2011.
Manuel Balce Ceneta | AP
President Barack Obama and presidential nominee to serve as the first director of the Consumer Financial Protection Bureau, former Ohio Attorney General Richard Cordray are seen in the Rose Garden of the White House in Washington in July 2011.

In the latest successful Republican filibuster threat, Maine’s two senators joined in blocking the confirmation of a new head of the Consumer Financial Protection Bureau — not because they opposed the nominee, but because they wanted changes in the bureau’s structure.

Sen. Susan Collins voted against confirmation. Sen. Olympia Snowe voted “present,” which had the same effect as a “no” vote. She cited her husband’s work relating to student loans, which the agency wold oversee. The 53-48 majority favoring confirmation was seven votes short of the 60 votes needed to cut off debate.

So the new bureau remains headless. The nominee, Richard Cordray, the Ohio attorney general, is widely regarded as fully qualified to lead the much-needed watchdog agency. The Republican minority took the unusual course of rejecting him as a means of opposing the structure of the agency. Both Maine Senators had voted for the Wall Street reform law that created the bureau, supplying the necessary votes to avert a filibuster. Neither one complained about the agency’s structure at the time.

Maine’s senators have broken ranks with their party sometimes on other occasions, but they joined the Republican filibuster on Dec. 6 against the confirmation of Caitlin Halligan for the U.S. Court of Appeals in the District of Columbia. The 54-45 vote was six votes shy of the 60 needed to block the filibuster.

That vote seems to have marked the end of an agreement negotiated in 2005 by the Senate’s so-called “Gang of 14,” which set a standard for opposing judicial nominations only in cases of “extraordinary circumstances.”

At that time, the shoe was on the other foot. It was a Democratic Senate minority that was filibustering 10 conservative appellate court candidates nominated by President George W. Bush. Desperate Senate Republicans threatened to employ the “nuclear option” to change the Senate’s rules to eliminate the use of the filibuster to prevent judicial confirmation votes. Instead of seeking a two-thirds vote required by the Senate rules themselves, the Republicans argued that the Senate had the right to set its own rules and could change them by a simple majority vote. Democrats insisted on a two-thirds vote.

Compromising the showdown looked impossible, but neither Majority Leader Bill Frist nor Minority Leader Harry Reid apparently wanted to do away with the filibuster, since it does serve as a protection for whichever party is in the minority. So each party selected seven members, including both of Maine’s senators on the Republican side. Together they reached an agreement. The seven Democrats would no longer vote with their party in filibustering judicial nominations except in “extraordinary circumstances.” The seven Republicans would break with their party’s leadership and not vote for the “nuclear option.”

The deal held pretty well for a time. Three of the 10 filibustered nominees had already withdrawn. Five of the remaining seven were confirmed. The Gang of 14 continued its role. It met in November 2005 to discuss President Bush’s nomination of Samuel Alito to the Supreme Court. The group reached no conclusion, but when the Alito nomination came up for a vote in January 2006, it provided enough votes for cloture to prevent a filibuster.

Partisan division in the Senate has sharpened since then, and the Gang of 14 is extinct. Sadly, there is little inclination among most of the Republicans to permit simple majority votes. And if they regain control of the Senate, we can expect more of the same from the Democrats. The filibuster lives on. So does gridlock.

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  • Anonymous

    It is right to oppose the confirmation.  This agency is set up so that it is not accountable to ANYONE. That is a dangerous thing to be doing.  So I am grateful to all who voted ‘NO.’  They are not against the man so much as they are against how the agency is set up.

  • Anonymous

    You use gridlock as a pejorative term. Not everyone would agree.

  • Anonymous

    Is “President George W. Bush” intended as a pejorative term too?

  • Anonymous

    Or against protecting people.
     
    http://www.scambusters.org/top10scams2.html – Top ten swcams of 2010 – 2011

    Texas billionaires Sam and Charlie Wyly probably sure like the way you think, pard!

  • Anonymous

    what other way could he be described, Pseudo cowboy?

  • Anonymous

    Let’s understand what a filibuster is.  It is a vote against ending debate.  A vote against ending debate should be reserved for times when senators don’t fully understand an issue and further discussion is needed or when a large minority truly believes further discussion could change the outcome of a vote.
     
    In modern times this courtesy afforded the minority is routinely abused by Republicans who just don’t want any vote to happen at all.  This filibuster stunt would be better known as a government shutdown, because that’s what it is.  It prevents democracy from operating. 

    It should be abolished.  A rule allowing the minority to extend debate for a fixed amount of time should be adopted in its place.
     
    Our senators should be ashamed whenever they vote this way.

  • Anonymous

    The point of having the agency ‘Independent’ was so that neither party could influence it, so that it could truly protect the consumer and not be politicized or bought by money.
    As it is, by the time that it was passed, it was watered down by financial pressures.

  • Anonymous

    This particular incident of filibustering was wrong, when they blocked the vote on that confirmation. The creation of the Consumer Financial Protection Bureau was done through the passing of a law. That law went through the entire process. What’s happening now is a minority party in one chamber of one branch of government is acting to block that legislation from functioning. That’s completely wrong and not how our government is supposed to work. 

  • Anonymous

    Not really though. The law that created it has already been passed. If they didn’t want this agency to function, they should have gotten enough votes to filibuster then. 

  • Anonymous

    Isn’t it ironic how the majority party whines
    when the filibuster is used? But when they become the
    minority they have no qualms about using it as they
    see fit. Kind of like the same way the majority doesn’t
    and won’t bring opposing party bills or amendmants
    to the floor to be voted on unless they are sure they
    have enough votes to defeat it, then they may allow the vote.

  • Anonymous

    I think what people are complaining about is the record number of times the filibuster has been used.  Since Obama has taken office, the Republicans have set records every year on the number of filibuster.  Remember when the Republicans threatened a “nuclear option” because the Democrats filibustered 10 appointments?  The Republicans have recently set a record with 100 filibusters in one year.  Not even the same ballpark.

  • Anonymous

    Toss everyone of these bums out onto the street, from both sides of the aisle. They have driven this country straight into the ditch and continue to create havoc and ruin. They have gotten us the short end of the stick in every single trade agreement that have gotten near. There are 196 countries in the world and we do not have a trade surplus with a single one, not one. With “friends” like these dim wits, does the American worker or small businesses really need any enemies?

  • Anonymous

    Why is the use of the “filibuster” only an issue when the Republicans use it? Where was your editorial when it has been used in the past?

  • Anonymous

    Howdy Doodie, or Alfred E. Newman also work.

  • Anonymous

    Neither of our girls complained about the agency’s structure at that time because it had just been created, and what is wrong with gridlock? Sure is better than these finger-pointers coming up with more restrictive measures.

  • Liberal Soup N Crackers

    There is absolutely nothing wrong with a filibuster. The Senate was designed, purposefully, to function as something of a valve to slow down populist legislation coming out of the House and to require a greater plurality than the simple majority of the House.

  • Anonymous

    This filibuster problem is really nullification under a different name.  The GOP has not accepted the democratically elected President of the United States.  This is what happened in the south before the civil war.  They are willing to lie and derail governance to steal the power that is rightfully the President’s.

    If you read up on the fall of great civilizations, a recurring theme appears in the final death throws:  government stops functioning.  This is a self-fulfilling cycle.  While our congress has sat on their hands in the name of fiscal restraint (which was nowhere to be found when the GOP had power), the world has passed us by.  Our politics keeps us stuck where we are without significant movement.  The controls over congress and the economy that served us well for 235 years have been sufficiently weakened to result in a government that is no longer capable of serving the complex needs of our modern society.

    If the filibuster abuse is not reigned in, we are soon to lose any ability to command a meaningful place in the global economy.  This stalemated system has made America weak.  This may be good news for China, India and Brazil, but it may have cost us our last hope of righting the course before we lose relevance.  Military might alone will not win the day.  The empire is crumbling in front of us. 

  • Anonymous

    Your characterization of the CFPA being unaccountable is not true.  The law states that they are subject to seven different oversight mechanisms.  They are subject to oversight directly from Congress.  They have budget oversight from the GAO.  Their budget is capped as well.

    You are simply repeating anti-government propaganda.  You claims have no basis in fact.  Why do you want to distort what this agency does?  Are you a banker that makes money off of deceptive loan terms?  Are you a car dealer who offers lease contracts that deceive customers?  Do you peddle credit cards to poor people?

    Your argument demonstrates the amount of effort that is being spent on misinformation instead of solving problems.  If you buy the crap you are peddling, fine, get ripped off by millionaire bankers looking for a better retirement in the Caribbean on your back.  Stop telling people lies about the government and one of the only things that has been done to make financial companies accountable to reasonable standards of conduct.

  • Anonymous

    It wasn’t abused in the pass. Yes the filibuster was used by both parties in the pass, but not at this rate it is being used now. No were near. The democrats got threaten with the “nuclear Option” for filibustering 10 appointments. Now the republicans have filibustered over 100 times. 

  • Anonymous

    Actually the Supreme court is what protects the Minority from the Majority. The Filibuster was not designed by the founding fathers. 

  • Liberal Soup N Crackers

    You are simply wrong. The Senate was designed to be a slow, deliberate body as representatives of the individual States

  • http://pulse.yahoo.com/_627Z6GPPA2WEIIW3ZBXSZKFMW4 Mike

    This is a terrible situation. We need leadership and cooperation to get the nation going in a positive direction. Our Senators choose to obstruct rather than govern. Little wounder that the Occupy  movement has formed. Hopefully a non violent revolution will restore rule by the people.

  • Anonymous

    The filibuster was created by mistake. Look it up. The filibuster was never in the orginal design of the founding fathers. It wasn’t created to protect minority rights, Arron Bur simple told them to get rid of the “previous question motion” which they simple did. Hence the filibuster was born, by accident.

  • Liberal Soup N Crackers

    I am not referring to the specific tool of filibuster when I refer to the manner and purpose of the Senate. I am stating the filibuster serves that purpose very well. The fact that you had to go all the way back to 1789 emphasizes my point.

  • Anonymous

    It does, but when you are just simply filibustering everything then it is not serving its point. The point is that its to protect the minory from  harm, not to simply be used when you don’t like something, which is the way it is being used.

  • Anonymous

    Bravo to The Rexican !

  • Anonymous

    So what? Should someone not use a means to stop
    something they believe is detrimental to this nation?
    Isn’t it there to use to prevent the majority party….
    no matter which one…from cramming something
    through because they “feel” it is correct? I could care
    less how many times it is used, it is there to be used if
    the minority party…no matter who it is…feels that is
    in the best interest of the country to prevent a person or
    law from being put into place. Maybe since Obama has been
    in office, we should be thankful it has been used so many times.

  • Liberal Soup N Crackers

    Everything is not filibustered. Those in the minority consider the current issue to be harmful to the interests of the country as a whole.

  • Anonymous

    The current issue is the confirmation, not the agency itself. The creation of the agency already went through that laborious process of becoming a law. The Republicans in one chamber are using the filibuster to prevent an existing law from functioning. You really think that goes along with the spirit of the Senate?

    The bill already went through all the hurdles required of bill in becoming a law. What’s happening now is wrong. It’s plain and simple.

  • Liberal Soup N Crackers

    The creation of the agency went through the process before the historic 2010 elections. There is nothing wrong with a filibuster. If the Senate has the 60 votes to end it, let them vote.

  • Liberal Soup N Crackers

    Don’t you think the 2010 election mandates had something to do with this?

  • Liberal Soup N Crackers

    Dodd-Frank was passed along Party lines. There was never minority support for the bill. I advocate throwing every obstruction possible in it’s path.

  • Anonymous

    The thing about Congress and Government agencies and the monstrosities they create is this.  What you say about the chain of command and over sight is true… the other is also true.   Compare it to LURC in Maine set up by the legislature under the executive but at times makes rules up on its own on the spot without legislative oversight.
    In the case of the Fin Reg bill many of the committees that will actually write the rules have not been organized yet. Some of the committees will not even take shape and write the rules until 2020. Ten years from when it first passed. I do not know if that is what Snowe and others are concerned with but I am. Handing power of every financial transaction over to a bunch of bureaucrats that might not even be out of high school yet scares me a little.

  • http://www.facebook.com/people/Cecil-Gray/1027119962 Cecil Gray

    The GOP has abused the filibuster. They have used it a record amount of times by far.

  • Anonymous

    Homer, they absolutely should.  However, it seems like either the Republicans are completely out of touch with reality if they feel that over 100 pieces of legislation last year would destroy the country, or they need to put on their big boy pants and climb out from cowering beneath the blankets in their bed.  They appear to be afraid of their own shadow.

  • Anonymous

    When the dems lose control of the senate and use
    the filibuster, I hope you are the first to scream
    about the abuse of it.

  • Anonymous

    I hate the filibuster, but this is not true. They only “protect” the minority by ensuring majority-passed laws are consistent with the Constitution. They have no authority beyond that (and the Constitution does not universally “protect” the minority).

  • Anonymous

    Well, when Repubs win the senate (they will over the next few election cycles) they’ve set the stage for the Dems to filibuster EVERYTHING. This “rule” only leads to gridlock, regardless of the party in charge.

  • Anonymous
  • Anonymous

    Will do, if it’s abused, and the big IF of them losing control.

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