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a l w a y s t a n t a l i z i n g , n e v e r p r o m i s c u o u s |
The men who designed the Senate had several purposes in mind for it, among the most important of which was its role as a moderating force. That is, while the House of Representatives was imagined as a forum for all manner of popular debates and partisan schemes, the Senate was intended to temper the appetites of the majority party and force compromises that would benefit the broader public, even if it did so at the expense of the majority’s wildest aspirations.
This essential purpose has never been as endangered as it is now. In the next ten days, the Senate Republican leadership may choose to overrule the right of the minority party to filibuster judicial nominations (the "nuclear option"), ostensibly on the ground that filibusters interfere with the Senate’s Constitutional “advise and consent” function. However, a strict up-or-down vote is not the only means by which the Senate advises or consents to the President’s nominations; that’s what committee hearings, private consultations with the leadership, and floor debates (to say nothing of filibusters) are for as well.
The Republican leadership, most recently in a Washington Post op-ed on April 17h by Pennsylvania Senator Rick Santorum, has argued that the filibuster’s tainted history—it was used to block civil rights legislation—should convince the nation to abandon it. Let us not forget, however, that the Democrats proposed the Civil Rights bill, and that the judges now opposed by the Democrats share the same anti-civil rights, anti-secular, anti-federalism worldview that motivated the racists who opposed civil rights legislation.
More importantly, this debate is not about the history of the filibuster; it is about the future of the Senate, and of deliberative democracy more generally. If the Republicans eviscerate the filibuster, the Democrats will have no legislative power. Their initiatives are already blocked in committee in the House, and the House Republican leadership limits debate so severely as to make Democratic contributions essentially impossible. While these details lend themselves to dismissal as parliamentary minutiae, what they add up to is the total shutting out of a minority party.
This predicament was foreseen by the Founders, but it was expected that it could be isolated to the House, while the Senate would remain relatively balanced, deliberative, and rational. The nuclear option destroys this most essential of relationships between the two legislative bodies, and makes the Senate into a second House. If that were the Founders’ intent, then we would not have had a bicameral legislature. It is the difference in legislative procedure, along with the difference in composition, that makes our system work. To remove the filibuster is to neutralize the Senate, and with it the last shred of fair play left to the minority party.
The nuclear option's implications extend far beyond Consitutional arguments over legislative structure. If the Republicans exercise the nuclear option on judges, we will see a radical shift to the right in our courts. But that will likely not be the end of it. Once the judicial filibuster is gone, the leadership may decide to eliminate it in all instances, making legislation as easy to push through the Senate as it is through the House. The policy implications of such a change are staggering, especially since all laws passed by the Republican-dominated legislature would lack Democratic input; be immediately signed into law by the Republican President; be supported by right-wing courts; and, ultimately, be upheld by a new right-wing majority on the Supreme Court.
American politics is not designed to shift all power to one party, regardless of what the party's public spokesmen may claim. This is something that the Democrats recognized during their 40 years in charge of the Legislative branch. During that time, a usurpation of power on this scale was never attempted (or, perhaps, even contemplated), and even if it had been, the initiatives and jurists that would have resulted from its exercise would not have been so united, and so divisive, in their vision of the future.
It has been suggested that Republicans should remember that they were once in the minority, and setting a bad precedent now may come back to haunt them when they are in the minority again. This will hardly persuade the Republicans, though: their 40 years of relative powerlessness are obviously on their minds, and are motivating the speed and intensity with which they are acting to repeal the rights, entitlements, and programs enacted during that period. They are doing so in a fashion that is entirely inconsistent with deliberative democracy. And they are doing so with little public attention.
If the nuclear option is exercised, the Senate will become, essentially, the House: Democrats will not be able to stop Republican initiatives, and the need for compromise forced upon the Legislative branch by the Constitution will have evaporated. What the country faces is therefore no less than a devastating assault from an intensely focused and powerful group of far-right ideologues. If it succeeds (and we must all hope that it does not), then everything must be done to see that the Republicans lose their legislative majority in 2006. The future of the separation of powers, and of our civil and economic rights, lies in the balance.
Comment. (56) | Posted by ryan c in According to RC (27) on April 18, 2005 | TrackBack
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