Tag: Constitution

Congressional Game of Chicken: Fixing Filibuster Sign the Petition, Part VI

Cross posted from The Stars Hollow Gazette

Time is getting short to reform the filibuster rule of the Senate. The debate and vote to reform will take place January 22, the day after Pres. Obama’s inauguration for his second term and before hearing on the president’s nominees for important cabinet vacancies.

Reform the Filbuster

Sign the Petition

Filibuster Reform Advocates Launch Petition To Include Talking Filibuster

by Sabrina Siddiqui, Huffington Post

WASHINGTON — With just a week left to influence the looming debate over filibuster reform, Sens. Jeff Merkley (D-Ore.), Tom Udall (D-N.M.) and Elizabeth Warren (D-Mass.), along with the progressive Daily Kos community, launched a petition on Monday to drum up support for a proposal that would eliminate the silent filibuster.

The hope is to maintain pressure for reform that would include the talking filibuster. Merkley, Udall and Sen. Tom Harkin (D-Iowa) have been pushing one such approach, which would still allow the minority to filibuster legislation but would require members to do so by actually standing and speaking on the floor. The Merkley-Udall-Harkin plan also seeks to streamline conference committee assignments and nominations, and eliminate the motion to proceed — a motion typically offered by the majority leader to bring up a bill or other measure for consideration.

Their proposal is competing with a scaled-back bipartisan plan introduced by Sens. Carl Levin (D-Mich.) and John McCain (R-Ariz.) and backed by six other senators. In a statement accompanying the petition, Merkley argues that “other proposals out there don’t go far enough, and won’t change the culture of obstruction that paralyzes the Senate.”

“Without a talking filibuster, obstructionist Senators will still be able to silently stall any piece of legislation they want without any accountability,” he writes.>

Merkley: Time is now to reform Senate filibuster rules

Filibuster reform will be first thing on the docket when the U.S. Senate convenes on Jan. 22.

Under the U.S. Constitution, a majority of each house have the power to change its rules on the first day of the legislative session by a simple majority vote. The Senate convened the first session of the 113th Congress on Jan. 3 – and the three Democratic senators introduced SR 4. Here’s what it would do:

  Clear the path to debate – Those objecting to legislation would only have one opportunity to filibuster legislation. Specifically, the ability to bring up a bill for simple debate (the motion to proceed) would not be subjected to a filibuster.

   Restore the “talking filibuster” – Those wishing to filibuster legislation must actually hold the floor and be required to actually debate the legislation. It would end “silent” filibusters where one senator quietly objects and is not required to take the Senate floor.

   Put filibuster supporters on record – 41 senators would have to affirmatively vote to continue debate, rather than forcing 60 senators to vote to end debate.

   Expedite nominations – The process for approving nominations would be streamlined, shortening the amount of time required for debate once a nomination is brought to the Senate floor.

Historically, the filibuster was intended to protect the minority party’s interests on extraordinary issues, and it was rarely invoked. But in today’s contentious political climate the filibuster has been used in record numbers (nearly 400 times in the 112th Congress) to block votes and debate, and the requirement for 60 votes to end a filibuster has proved virtually insurmountable. For example, much of the legislation organized labor has fought for to restore collective bargaining rights and to create jobs  – from the Employee Free Choice Act, to the Bring Jobs Home Act, the American Jobs Act, and many more – never received a Senate floor vote because of the filibuster threat, even though the legislation had majority support from senators.

For these reasons, SR 4 is endorsed by the AFL-CIO and some 50 progressive groups – in a coalition called Fix the Senate Now.

As our friend, Gaius Publius at AMERICAblog says:

This is my reminder – you can help hold that group together. We need strong filibuster reform, not a weaker version. Call your senator if you believe in this (click to find the phone number).

In addition, call these senators – they are the Democrats flirting with “well, I don’t really know” when the last public list of supporters was announced:

  • Baucus Max MT D (202) 224-2651
  • Boxer Barbara CA D (202) 224-3553
  • Feinstein Dianne CA D (202) 224-3841
  • Heitkamp Heidi ND D (202) 224-2043
  • Hirono Mazie HI D (202) 224-6361
  • Leahy Patrick VT D (202) 224-4242
  • Reed Jack RI D (202) 224-4642

As of last report, these are the Democratic waverers (and shame on them). Please make the calls, now and daily (if you can) until January 22.

Reform the Filbuster

Sign the Petition

Disclaimer

I am neither left nor right although by association, neuro linguistic programming “you vill” associate this post with the “nut jobs”.

Noveske Rifleworks.

Rest in Peace John Noveske.  John’s last farcebook post.

Update

Can’t verify this but need to bookmark anyway.

Timelines mean alot.

http://www.naturalnews.com/038…

Krugman Calls for President to Mint the Coin

Cross posted from The Stars Hollow Gazette

Sign the petition to Mint the Coin

US Mint Platinum CoinThis past week calls by Republicans to not raise debt ceiling got little push back from the talking heads this Sunday as Senate Minority Leader Mitch McConnell made the morning rounds insinuating that it might not be so bad. Lets get something straight that the MSM village is allowing to happen here. The Republicans are conflating passing a budget bill (future spending) with making the payment on those expenditures (past spending). Those two things are NOT the same. The debt ceiling addresses the later and the consequences of even threatening to not pay US debts would have the same, if not greater, negative results as it did in 2011 when the feral children of the House held it hostage. The result of that debacle was the current sequestration bill and “fiscal cliff” crisis.

The inflation that everyone from the Federal Reserve to Wall St. wants to the one thing that would put the US in the same boat as Greece, facing increasingly higher interest rate payments. In other words the debt ceiling and the budget resolution are NOT the same and should not be treated the same.  The sequester and the budget resolution are negotiable; the debt ceiling is not.

This idea of holding the debt ceiling is in fact so dangerous to the world economy that politicians, economist and pundits are calling for President Barack Obama to act by using possibly the only legal means he may have, mint a Trillion Dollar Platinum Coin. Even New York Times columnist and economist, Paul Krugman has change his mind calling for the president to be ready to mint that coin:

Should President Obama be willing to print a $1 trillion platinum coin if Republicans try to force America into default? Yes, absolutely. He will, after all, be faced with a choice between two alternatives: one that’s silly but benign, the other that’s equally silly but both vile and disastrous. The decision should be obvious. [..]

It’s easy to make sententious remarks to the effect that we shouldn’t look for gimmicks, we should sit down like serious people and deal with our problems realistically. That may sound reasonable – if you’ve been living in a cave for the past four years.Given the realities of our political situation, and in particular the mixture of ruthlessness and craziness that now characterizes House Republicans, it’s just ridiculous – far more ridiculous than the notion of the coin.

So if the 14th amendment solution – simply declaring that the debt ceiling is unconstitutional – isn’t workable, go with the coin.

If you think that this possibility isn’t serious, consider the fact that the feral children of the House now do introducing legislation to prevent the president from minting the coin

And now a US Congressman has come out against the coin idea and is proposing a law to ban it (via Matthew O’Brien). Ironically, this action actually legitimizes the coin option. [..]

In the past, hiking the debt ceiling was pretty painless, but some in the GOP are staunchly opposed to doing it, raising the specter that the US will default on its obligations.

It’s because of this that some people are getting more excited about the “Platinum Option,” which refers to a technical loophole in the law that allows the Treasury to create platinum coins in any denomination, theoretically up to a trillion and beyond. [..]

We’ve posted his full press release below, but the key thing here is that the idea is now legitimized, as a GOP Congressman implicitly acknowledges that the coin idea is currently legal.

Note that in his press release, the Congressman uses the flawed analogy of comparing the US government to a small business. Unlike governments, small businesses can’t print money. And small businesses can’t “deficit spend,” the way governments can.

The opponents of this idea are also wrong. Josh Borrow, who writes at Bloomberg‘s The Ticker, enumerates why their arguments are all wrong and concludes:

Minting the platinum coin would be less economically damaging than any of the above options, which is why Obama should announce he will pursue it if the debt ceiling is not raised. Hopefully, inflation hawks will be so alarmed by the president’s intention to use his direct monetary authority that they will choose to cut a deal and we’ll never actually get to the minting stage.

But if Republicans call Obama’s bluff, he should be ready to mint that coin – – and to save the economy by doing so.

Sign the petition to Mint the Coin

 

Congressional Game of Chicken: Fixing Filibuster, Part IV

Cross posted from The Stars Hollow Gazette

“Get out the old phone books,” as Chuck Todd suggests in the video below, if Sen. Jeff Merkley (D-OR) and Sen. Tom Udall (D-NM) are successful in bringing filibuster reform to the Senate. By using Senate rules, Majority Leader Harry Reid (D-NV) recessed the chamber at the end of Thursday’s proceedings to extend the legislative day until later this month. Debate will begin on January 22, two days after the inauguration.

“I think the conversation is going to continue between [Senate Minority Leader Mitch] McConnell [(R-Ky.)] and Harry Reid about this. I think they’re going to see if there’s a way to reach a bipartisan agreement, they’re still talking,” said Senate Democratic Whip Dick Durbin (Ill.).

“We’re going to preserve our rights, we’re going to stay in the first legislative day and deal with the rules when we get back after the inauguration,” said Sen. Tom Udall (D-N.M.), a leading proponent of reform.[..]

Liberals say the Levin-McCain proposal is inadequate because it would not implement their highest-priority reform, the so-called talking filibuster.

Udall and Jeff Merkley (D-Ore), the leading advocates for filibuster reform, say lawmakers who filibuster legislation should be required to actively hold the floor and debate. This would make it more arduous for senators who want to hold up business – they would have to organize teams to hold the floor for days or even weeks on end.

Udall said he would have to be convinced to support the Levin-McCain plan because it would not implement a talking filibuster rule, which he said is “the heart of the matter”

He said Reid may insist on it as part of any overhaul of Senate rules.

“The talking filibuster is still very much on the table,” Udall said.

Real Senate filibuster reform needed

By Frank Knapp, Jr., vice chairman, American Sustainable Business Council Action Fund

Dysfunctional!

Much of this problem lies with the voters rewarding extreme partisanship over cooperative problem solving and Congress making policy decisions that guarantee later stalemates.

However, there is one self-inflicted structural problem in the U.S. Senate that magnifies both these electorate and policy decisions – the filibuster.Except for rare occasions, the Senate is ruled by the minority. With 60 votes needed to end a filibuster that can essentially be “called-in” by the minority, the American public is being deprived both of a truly deliberative body and seeing the consequences of their voting behavior.

There is no transparency or accountability under today’s Senate filibuster rules. Consequently we have had an abusive and undemocratic use of filibusters in recent years at every step in the legislative process. The Senate has become frozen in its ability to address the nation’s problems, especially when it comes to promoting a healthy economy. That is why many business organizations like the American Sustainable Business Council, a national coalition of business organizations that together represent over 150,000 small and medium businesses, strongly supports filibuster reform.

Merkley, Udall Escalate Criticism Of Scaled-Back Filibuster Reform

by Sahil Kapur, TPMLiveWire

Sens. Jeff Merkley (D-OR) and Tom Udall (D-NM) held a briefing with reporters Thursday to make the case for adopting their “talking filibuster” proposal with 51 votes via the constitutional option. [..]

Udall said the Merkley-Udall plan has “good momentum” and said he believes it has the necessary 51 votes to pass under what Republicans call the “nuclear option.” Changing the rules ordinarily requires 67 votes.

On Filibuster Reform, Advocates Claim Momentum

by Ryan Grim and Sabrina Siddiqui, Huffington Post

The Senate postponed debate on reforming the filibuster Thursday, as advocates cited the support of 48 senators for eliminating the silent filibuster using the so-called constitutional option, a measure that requires 50 votes plus that of the vice president. [..]

The main component of the Merkley-Udall approach is the talking filibuster, which still enables the minority to filibuster legislation but would require them to do so by actually standing and speaking on the floor. Additionally, the proposal would also streamline conference committee assignments and nominations, and eliminate the motion to proceed — a motion typically offered by the majority leader to bring up a bill or other measure for consideration.

On this morning’s The Daily Rundown with Chuck Todd, Sen. Merkley appeared to discuss why what he and Sen Udall propose is better filibuster reform and where the negotiations stand.

Going Platinum: Sign The Petition

Cross posted from The Stars Hollow Gazette

Sign the petition to Mint the Coin

US Mint Platinum CoinThe next “plateau” in the on going “Mythical Cliff” debate is the unconstitutional debt ceiling which the Republicans are now threatening to take hostage to demand draconian cuts to social security and other programs while sparing defense. With the settlement over the Obama tax cuts out of the way, the $1 trillion dollars in sequestration cuts are scheduled to take effect in two month at the same time authorized spending will “hit the roof,” setting up the showdown between the feral Tea Party dominated Republican held House, the roadblocked filibustered Senate and the ever capitulating White House. Still very much in danger are Social Security and Medicare which President Barack Obama has refused to take off the table and keeps offering up as sacrifice as part of an agreement. To get what they want the Republicans are willing to let the government default on its debt

Sen. Pat Toomey (R-Pa.) said on MSNBC’s “Morning Joe” this week, “we Republicans need to be willing to tolerate a temporary, partial government shutdown” in order to achieve spending cuts and entitlement reforms.

On Friday morning, meanwhile, House Speaker John Boehner (R-Ohio) told members that he was prepared to use the debt ceiling fight as leverage to get spending cuts. According to a source in the room, Boehner showed fellow lawmakers the results of a survey by the Winston Group, a GOP polling firm, which showed that 72 percent of Americans “agree any increase in the nation’s debt limit must be accompanied by spending cuts and reforms of a greater amount.”

“The debate is already under way,” the speaker said.

Elsewhere on Friday morning, Sen. John Cornyn (R-Texas), the second-ranking Senate Republican, penned an op-ed making a similar argument.

   Republicans are more determined than ever to implement the spending cuts and structural entitlement reforms that are needed to secure the long-term fiscal integrity of our country.

   The coming deadlines will be the next flashpoints in our ongoing fight to bring fiscal sanity to Washington. It may be necessary to partially shut down the government in order to secure the long-term fiscal well being of our country, rather than plod along the path of Greece, Italy and Spain. President Obama needs to take note of this reality and put forward a plan to avoid it immediately.

Calling this a “government shutdown,” even a partial shut down, is just plain spin that will result in an even deeper recession than the last one from which we have yet to fully recover. In a letter from Matthew E. Zames, a managing director at JPMorgan Chase and the chairman of the Treasury Borrowing Advisory Committee lists what will happen if the debt ceiling is not raised:

  • First, foreign investors, who hold nearly half of outstanding Treasury debt, could reduce their purchases of Treasuries on a permanent basis, and potentially even sell some of their existing holdings. [.]]
  • Second, a default by the U.S. Treasury, or even an extended delay in raising the debt ceiling, could lead to a downgrade of the U.S. sovereign credit rating. [..]

    Third, the financial crisis you warned of in your April 4th Letter to Congress could trigger a run on money market funds, as was the case in September 2008 after the Lehman failure. [..]

    Fourth, a Treasury default could severely disrupt the $4 trillion Treasury financing market, which could sharply raise borrowing rates for some market participants and possibly lead to another acute deleveraging event. [..]

    Fifth, the rise in borrowing costs and contraction of credit that would occur as a result of this deleveraging event would have damaging consequences for the still-fragile recovery of our economy. [..]

    Finally, (..) because the long-term risks from a default are so large, a prolonged delay in raising the debt ceiling may negatively impact markets well before a default actually occurs.

    Obviously, the Republicans did not learn from the last hostage threat that resulted in a market down turn and the downgrade of the US credit rating. That debacle resulted in an extension of the Bush tax cuts and, now the permanent Obama tax cuts. Without tax increases as leverage the President and the Democrats have very little wiggle room.

    That brings us to the elephant in the room that most of the MSMS, some so called progressive blogs and pundits, including Nobel Prize winning economist Paul Krugman, have laughed off as “not serious,” the “Trillion Dollar Platinum Coin Solution” (TPC). Guess what, they aren’t laughing at this any more. We may not be able to print money but we can mint coins of any denomination. From Paul Krugman:

    The peculiar exception is that clause allowing the Treasury to mint platinum coins in any denomination it chooses. Of course this was intended as a way to issue commemorative coins and stuff, not as a fiscal measure; but at least as I understand it, the letter of the law would allow Treasury to stamp out a platinum coin, say it’s worth a trillion dollars, and deposit it at the Fed – thereby avoiding the need to issue debt. [..]

    In reality, to pursue the thought further, the coin really would be as much a Federal debt as the T-bills the Fed owns, since eventually Treasury would want to buy it back. So this is all a gimmick – but since the debt ceiling itself is crazy, allowing Congress to tell the president to spend money then tell him that he can’t raise the money he’s supposed to spend, there’s a pretty good case for using whatever gimmicks come to hand.

    But there is a solution to preventing a real fiscal crisis and Josh Barrow at Bloomberg has an ingenious solution to both the debt ceiling and the TPC and why we need to “go off the platinum cliff”:

    This law was intended to allow the production of commemorative coins for collectors. But it can also be used to create large-denomination coins that Treasury can deposit with the Fed to finance payment of the government’s bills, in lieu of issuing debt.

    What the law should say is that the executive branch may borrow to pay whatever obligations the federal government has, but may not print. Unfortunately, when we hit the debt ceiling, the situation will be backwards: The administration will not be allowed to borrow, but it can print in unlimited quantities.

    This points toward an interesting solution.

    If Republicans start issuing a list of demands that must be met before they will raise the debt ceiling, Obama should simply say that he will issue platinum coins as necessary to pay government bills if he cannot borrow. But, to avoid causing long-term inflation expectations to skyrocket, he should pledge that he will have the Treasury issue enough bonds to buy back all the newly issued currency as soon as it is allowed to do so.

    And then he should offer to sign a bill revoking his authority to issue platinum coins — so long as that bill also abolishes the debt ceiling. The executive branch will give up its unwarranted power to print if the legislative branch will give up its unwarranted restriction on borrowing to cover already appropriated obligations.

    Here that Barack? Dare them to destroy the face and credit of this country, then flip that coin on the table along with the bill. Wanna bet they’ll bite?

    Meanwhile, we need to encourage our weak kneed president to do what Atrios said

    Sign the petition to Mint the Coin

    Systemic Rot

    President Obama signed the National Defense Authorization Act (NDAA) today despite his veto threat. The law now restricts detainee transfers out of military prisons in Afghanistan and GuantĆ”namo Bay. “Obama attached a signing statement claiming that he has the constitutional power to override the limits in the law,” the New York Times reports. “Despite his objections, Mr. Obama signed the bill, saying its other provisions on military programs were too important to jeopardize.”

    Obama’s three page signing statement objected to many parts of the bill. For example, Obama objects to what I’m calling the “Romney battleship preservation” clause:

    In a time when all public servants recognize the need to eliminate wasteful or duplicative spending, various sections in the Act limit the Defense Department’s ability to direct scarce resources towards the highest priorities for our national security. For example, restrictions on the Defense Department’s ability to retire unneeded ships and aircraft will divert scarce resources needed for readiness and result in future unfunded liabilities.

    But, more troublesome to the president and those of us who want to see Gitmo closed, is the NDAA interferes with his ability to close military detention prisons. He writes:

    Several provisions in the bill also raise constitutional concerns. Section 1025 places limits on the military’s authority to transfer third country nationals currently held at the detention facility in Parwan, Afghanistan… Decisions regarding the disposition of detainees captured on foreign battlefields have traditionally been based upon the judgment of experienced military commanders and national security professionals without unwarranted interference by Members of Congress. Section 1025 threatens to upend that tradition, and could interfere with my ability as Commander in Chief…

    […]

    Section 1028 fundamentally maintains the unwarranted restrictions on the executive branch’s authority to transfer detainees to a foreign country. This provision hinders the Executive’s ability to carry out its military, national security, and foreign relations activities and would, under certain circumstances, violate constitutional separation of powers principles… The Congress designed these sections, and has here renewed them once more, in order to foreclose my ability to shut down the Guantanamo Bay detention facility.

    There has been much criticism of the 112th Congress as the worst Congress ever, but writing at Esquire today, Charlie Pierce observes that it is more than just Congress that is out-of-whack when it comes to governance. Presidential signing statements are another alarm warning us that our system of government is broken. Pierce writes:

    Yes, Congress has partly tied his hands, and it has done so by making it harder for him to close Gitmo down. But, even against that, the president argues for the supremacy of the executive branch in such matters. That, coupled with a veto warning that was as empty as a toddler’s threat to run away from home, vitiates any case the president might choose to make that what he really wants to do is to protect the Bill Of Rights. The presidency has been allowed to become a dangerous beast over a number of decades, to the point where anyone who seeks it can rightly be presumed to have at least the spark of lawless authoritarianism in him. And, if that spark is there, the presidency will seek it out and bring it to flame. This president is no different.

    Despite the conservatives’ deranged bluster, Obama is not acting differently from any other chief executive we’ve had since the end of World War II according to Pierce. For example, the Obama administration has refused to disclose which criteria are used to kill people with drone missile attacks. The legality of the strike that killed American-born Anwar al-Awlaki in Yemen is debatable.

    Yesterday, a Freedom of Information Act lawsuit filed by ACLU and the New York Times was rejected by the U.S. District Court for the Southern District of New York. “Judge Colleen McMahon found that though she agrees that debate on the usage of drone strikes should be made in the open, she is unable to force the government to turn over the documents under FOIA”.

    In her ruling, McMahon wrote:

    However, this Court is constrained by law, and under the law, I can only conclude that the Government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and the laws of the United States. The Alice-in-Wonderland [sic] nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules – a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reason for their conclusion a secret.

    From this Pierce concludes:

    This is the way all presidents, most especially including this one, want it to be. This is the way the presidency has insisted on operating ever since the Cold War. This is what you get when you don’t listen to old Ike’s warning, when you let the Kennedys run amuck concerning Castro, when you let Lyndon fake an incident in the Tonkin Gulf, when you impeach Nixon over a burglary and not the illegal bombing of Cambodia, when you let everyone skate on Iran-Contra, when you impeach one president over a blowjob but let another one slide for lying the country into a war, for abrogating treaties and violating international law regarding torture, when you let a sociopath like Richard Cheney anywhere near the levers of power, and when you let a president decide which American lives or dies by standards he declines to share with the rest of us. This is what you get. Barack Obama didn’t sell out the Bill Of Rights today because he’s Barack Obama. Barack Obama sold out the Bill Of Rights today because he’s the president of the United States, and that’s now part of the damn job description.

    If the job description for the President of the United States is to sell out the Bill of Rights, then America has more problems than just the worst Congress ever. The separation of powers, our whole system of checks and balances, are rotting away. This is the core of our Constitution.

    While many of us on the left trust President Obama to do the right thing. The problem is that Obama will only be at the White House for four more years. Instead of having laws to protect us the abuse of power, we are left with having personalities to protect us from the abuse of power. What happens with the next president? Will he or she ignite that “spark”?

    Presidents have proved to be unwilling to relinquish any power secured by their predecessors. For example, in 2008, soon-to-be former Vice President Cheney predicted then President-elect Obama would “appreciate” the expansion of presidential power that happened in the Bush administration. Cheney said:

    Once they get here and they’re faced with the same problems we deal with every day, then they will appreciate some of the things we’ve put in place…

    I believe very deeply, in a strong executive, and I think that’s essential in this day and age. And I think the Obama administration is not likely to cede that authority back to the Congress. I think they’ll find that given a challenge they face, they’ll need all the authority they can muster.

    In turn, then-President-elect Obama said four years ago that he was reluctant to investigate Bush-era abuses of power, citing his “belief that we need to look forward as opposed to looking backwards.”

    The inability of neither our partisan Congress nor our self-interested executive branch nor our law-twisted courts to investigate or limit or hold accountable the expansion of presidential power demonstrates a systemic flaw on our republic. This growing inability to hold accountable those serving in our nation’s highest offices allows for more potential abuses of power.

    When presidents believe it is necessary to sign bills with caveats, because a veto means throwing needed legislation back to a dysfunctional lawmaking body; when the presidency collects more power and all that is needed for the person in the Oval Office to get a “spark” of authoritarianism to burst into flame; when our federal judges cannot find themselves in a “Catch-22” situation making it impossible to hold the executive branch accountable nor require them to explain their secrecy, then we have more problems than just the worst Congress ever. We’re getting closer to the worst government ever.

    The nation’s constitutional core is rotting away.

    Cross-posted from Daily Kos.

    Congressional Game of Chicken: Fixing Filibuster, Part III

    Cross posted from The Stars Hollow Gazette

    Ready or not, here it comes, filibuster reform. Or so says Senate Majority Leader Harry Reid:

    WASHINGTON — Keeping with his post-election pledge to reform the filibuster, Senate Majority Leader Harry Reid (D-Nev.) on Tuesday proffered that changes to the rules of the upper chamber will be made, leaving it up to Republicans if they would like to participate. [..]

    “There are discussions going on now [over filibuster reform], but I want to tell everybody here. I’m happy I’ve had a number of Republicans come to me, a few Democrats,” Reid told reporters Tuesday at his weekly press availability. “We’re going to change the rules. We cannot continue in this way. I hope we can get something that the Republicans will work with us on.”

    “But it won’t be a handshake,” he added. “We tried that last time. It didn’t work.” [..]

    Senate Minority Leader Mitch McConnell, who has repeatedly slammed Democratic efforts to reform the filibuster, was unmoved by Reid’s statement.

    “Well, there is growing Democratic unease with breaking the rules to change the rules,” McConnell said later Tuesday at his weekly press conference. “I think it will be very difficult for that to come about. I think it will be bad for the Senate.”

    McConnell added that in accordance with Senate rules, such an effort would require a 67-vote majority, and that Reid’s approach to make the changes with a simple 51-vote majority — a procedure that has been labeled a “nuclear option” by its opponents — would be “bad for the institution, bad for the country.”

    It’s only breaking the rules if the other side does it. Otherwise it is perfectly within the rules on the first day of the new congress.

    Sal Gentile, a staff member for MSNBC’s Up with Chris Hayes, writes:

    If President Obama wants to get anything done in his second term, Democrats in the Senate will have to overcome one major obstacle: the filibuster.

    In the last four years, Republicans have used the filibuster to prevent landmark pieces of legislation-such as the DREAM Act, the Paycheck Fairness Act and additional measures to stimulate the economy-from even reaching the floor for debate, let alone a vote. Republicans have shattered previous records for filibuster use, and the share of bills introduced in the Senate that have been passed has reached an all-time low. [..]

    The filibuster has mutated over the years from a quirk of the Senate rules and an obscure procedural instrument-known mostly for so-called “lone wolf” filibusters like the one from the iconic film Mr. Smith Goes to Washington – to a routine impediment to legislative progress, a bludgeon used by the Republican minority to quash virtually any attempt by Democrats to govern. [..]

    The proposed changes, which have the strong backing of Senate Majority Leader Harry Reid and nearly 51 Democratic senators, are also broadly endorsed by a wide range of Constitutional scholars and the public at large. A new Huffington Post/YouGov poll released Friday found that 65% of Americans favor tweaking the rules to require senators to debate a bill on the floor if they wish to block it from proceeding.

    Even the man responsible for enforcing and administering the rules of the Senate endorsed some of the changes. In an interview on Up w/ Chris Hayes Saturday, Alan Frumin, who served as the parliamentarian of the Senate for nearly two decades until he retired last year, said he supported changes that would forbid senators from filibustering bills before they reach the floor for debate. Frumin also said he favored changes that would bar senators from blocking bills once those bills have passed the Senate and are ready to move to a conference committee with the House. [..]

    The filibuster is nowhere mentioned in the Constitution, and many of the Founders argued forcefully against proposals that would have required more than 51 votes to pass legislation in the Senate. In 1788, for example, James Madison, known as the ‘Father of the Constitution,” wrote in Federalist No. 58 that requiring a supermajority in the Senate would “reverse” the “fundamental principle of free government.” Such a policy would empower special interests and make government “oligarchic,” Madison said.

    “An interested minority might take advantage of it to screen themselves from equitable sacrifices,” Madison wrote, rather prophetically. “Or, in particular emergencies, to extort unreasonable indulgences.

    Sen. Jeff Merkley, D-Ore., a leading advocate of filibuster reform, joined Up host, Chris Hayes for a discussion on the prospects of filibuster reform in the Senate. Adding the views are panel guests Alan Frumin, former Senate Parliamentarian and author of  “Riddicks Senate Procedure;” Akhil Amar, Yale Law School professor and author of “America’s Unwritten Constitution: The Precedents and Principles We Live By;” Victoria DeFrancesco Soto, MSNBC contributor, senior analyst at Latino Decisions and fellow at the LBJ School of Public Affairs at the University of Texas-Austin; and Richard Arenberg, co-author of “Defending the Filibuster: The Soul of the Senate.”

    Busting the Filibuster

    Congressional Game of Chicken: Fixing Filibuster, Part II

    Cross posted from The Stars Hollow Gazette

    Jon Walker at FDL Action was pretty miffed at this editorial in the Los Angeles Times regarding filibuster reform, especially this really stupid paragraph:

    One response would be to eliminate the filibuster altogether. As a Senate rule, it can be changed by the majority party, and Democrats could eliminate it (though, of course, Republicans would almost certainly filibuster such a move). That, however, would also do away with the filibuster’s legitimate and historic place. Rather than eliminating the rule, the better approach would be to amend it in such a way as to preserve the ability for minorities to fight against one-party steamrolling while scaling back the filibuster’s capacity for obstructing everything.

    Yikes! This is not only stupid, as Jon said, but it is wrong about how the Senate rules can be changed. Rules changes can’t be filibustered. While making such a rule change in the Senate would normally require a 67-vote majority, but when the Senate comes back into session in January, Democrats could use a set of procedural rules often called the “nuclear option” and pass the changes with a simple 51-vote majority. That scares the pants off the Republicans and had Senate Minority Leader Mitch McConnell blustering and making:

    The Kentucky Republican said changing the filibuster – which was designed to protect the minority but has become a tool for constant gridlock in the modern Senate – would fundamentally alter how the Senate operates.

    McConnell accused Democrats of trying to employ a “naked power grab.”

    “In the name of efficiency, their plan is to use a heavy-handed tactic that would poison party relations even more,” McConnell said in a lengthy floor speech Monday. “In the name of efficiency, they would prevent the very possibility of compromise and threaten to make the disputes of the past few years look like mere pillow fights.”

    Sen. McConnell was exaggerating since no one, not even Majority Leader Harry Reid, who said he “favors” filibuster, has suggested eliminating it entirely. But who would expect anything less than hyperbole from a man whose party has set a record for filibusters with over 360 since the Democrats came into the majority. But not to be outdone by their fearless leader other Republican senators voiced their objections in strongly worded terms:

    Republicans are threatening even greater retaliation if Reid uses a move rarely used by Senate majorities: changing the chamber’s precedent by 51 votes, rather than the usual 67 votes it takes to overhaul the rules.

    “I think the backlash will be severe,” Sen. Tom Coburn (R-Okla.), the conservative firebrand, said sternly. “If you take away minority rights, which is what you’re doing because you’re an ineffective leader, you’ll destroy the place. And if you destroy the place, we’ll do what we have to do to fight back.”

    “It will shut down the Senate,” the incoming Senate GOP whip, Texas Sen. John Cornyn, told POLITICO. “It’s such an abuse of power.”

    I’m not exactly sure how they would accomplish a “shut down” if the tool they’ve been using to shut down the senate is taken away from them or changed so that they can no longer obstruct the business that the majority was elected to do. After all for six years the Republicans, with Dick Cheney George W. Bush in the Oval Office, used the threat of the “nuclear option” to end any Democratic attempt at filibuster. Now the shoe is on the other foot and suddenly ending filibuster will destroy democracy.

    We’ve been down this road before:

    With the obstruction of a very united minority, there has been a great deal of debate about the filibuster and the reform of Senate Rule 22. In a New York Times op-ed, Former Vice President Walter F. Mondale, recalls how in 1975 when he was a Senator, the Senate voted to reduce the number of votes required to end filibuster from 67 votes, a super majority, to the current 60 votes. Clearly, he states this was not enough. Filibuster threats and cloture votes blocked legislation nearly 100 times in the 111th Congress.

    Mr. Mondale argues that essentially, these rules abrogate the Constitution which only requires a 67 vote majority for the approval of treaties, “in all other instances it must be assumed that the Constitution requires only a majority vote”. In other words, many of the Senate rules are unconstitutional and could be done away with on a simple majority procedural vote under Parliamentary rules. That was the “[nuclear option ” that was used as a threat by the Republicans to force the Democrats to capitulate when they were in the minority.

    One more time from me:

    I have said this a number of times, the filibuster as it is currently being used to obstruct the Senate is unconstitutional. The Constitution is the supreme law of the land and cannot be abrogated by the Senate merely making a rule. The Vice President presides over the Senate and has a duty to make rulings on order and procedure when the Senate is in session. The Constitution provides for “one-person-one-vote” and “majority rules”, there is no mention of “filibuster”.

    It is amazingly simple:

      1. During debate, a Republican Senator engages in a standard obstruction tactic, such as a hold, actual filibuster, or proposing numerous, non-germane Amendments.

      2. The Vice President, as Presiding Officer, rules that Senator’s hold, filibuster or spurious amendments out of order.

      3. The Senator who holds the floor, and had attempted the hold (filibuster, or amendments), could then appeal the decision of the Presiding Officer to the Senate as a whole.

      4. A simple majority (51) can then vote to uphold the ruling of the Presiding Officer that the hold (filibuster or amendments) were out of order.

     

    This mechanism is not without precedent:

    In 1975 the filibuster issue was revived by post-Watergate Democrats frustrated in their efforts to enact popular reform legislation like campaign finance laws. Senator James Allen of Alabama, the most conservative Democrat in the Senate and a skillful parliamentary player, blocked them with a series of filibusters. Liberals were fed up with his delaying tactics. Senator Walter Mondale pushed a campaign to reduce the threshold from sixty-seven votes to a simple majority of fifty-one. In a parliamentary sleight of hand, the liberals broke Allen’s filibuster by a majority vote, thus evading the sixty-seven-vote rule. (Senate rules say you can’t change the rules without a cloture vote, but the Constitution says the Senate sets its own rules. As a practical matter, that means the majority can prevail whenever it decides to force the issue.) In 1975 the presiding officer during the debate, Vice President Rockefeller, first ruled with the liberals on a motion to declare Senator Allen out of order. When Allen appealed the “ruling of the chair” to the full Senate, the majority voted him down. Nervous Senate leaders, aware they were losing the precedent, offered a compromise. Henceforth, the cloture rule would require only sixty votes to stop a filibuster.

    And what Jon said:

    There is no legitimate reason for allowing the minority, the party which lost the recent election, to have a veto in the Senate. The founders never intended a Senate minority to have such awesome power over basic legislation. The Constitutions clear stated the few  very important issues that should require a super majority in the chamber, everything else was intended to be a simple majority vote.

    The idea that without a filibuster a majority in the Senate is going to steamroll are system is laughable. A senate majority is already checked and balanced by the House, the President and the judiciary. If a party does manage to dominates multiple elections allowing them to full control, they should be able to enact the agenda they run on. That is how democracy are suppose to work.

    The US Senate has always been the slow deliberative body, it was not the intent of the Founders that it become bogged down to a halt by the minority misusing a rule that is probably not even constitutional in the first place. Sen. Reid was far too trusting of the duplicitous Republican leadership at the start of the 112th congress when he accepted their “gentlemen’s agreement”, shutting down the reform proposed by Sens. Tom Udall (D-NM) and Jeff Merkley (D-OR). The Republicans are not to be trusted.

    I’m with Jon. It’s time the Senate ended the obstruction and put an end to Rule 22 altogether. Neither the Senate or the world will end and our elected officials will get back to governing.

    Should We Vote for Democrats in a Post-Constitutional Country?

    The contrast, stylistically, of the two Party Conventions stuck me very powerfully. The Democratic Convention had each evening main speakers offered one brilliant speech after another. These speeches were well-put together, well-delivered and proved to me that the Democratic Paty (DP) is fit to rule the Empire. Here are people with skillz–compared to the lame-ola speeches the Republican Party (RP) trotted out that could only appeal to the very stupid or the very greedy. The contest should be over right here right now but it isn’t. Why? Because we live in an authoritarian society that is in danger of devolving into tribalism and this seems to be the historical trend.

    The contrast was clear. Exclusivity and tribalism on the right, inclusion and a constant plea for unity and civilized behavior on the “left.” Yes, I believe much of what the Dems were saying was clear bullshit but it was bullshit based on some facts even if they were cherry-picked. The Republicans had no argument to convince anyone to vote for them unless you were one of “them.” The Dems offered good reasons (even if most of those reason hid deep corruption) why any of us should vote for Obama and the Dems and this coming from someone that genuinely mainly revulsion for the DP.

    There is only one party in the United States, the Property Party … and it has two right wings: Republican and Democrat. Republicans are a bit stupider, more rigid, more doctrinaire in their laissez-faire capitalism than the Democrats, who are cuter, prettier, a bit more corrupt – until recently … and more willing than the Republicans to make small adjustments when the poor, the black, the anti-imperialists get out of hand. But, essentially, there is no difference between the two parties.

    Gore Vidal

    What Vidal describes has been the case for much of our post-WWII history. But quite honestly, I think the quote no longer quite works for today’s Republican Party (RP) has changed dramatically since Vidal wrote the above though the essential political arrangements are the same-both are part of the Property Party and very specifically the Property Party of the very, very rich, not any of the rest of us who happen to won a little property. The Property Party is the only political party and will always be the political party barring environmental disaster of the worst kind with galloping positive feedback loops which is possible.

    The Drone Wars: Obama’s “Kill List”

    Cross posted from The Stars Hollow Gazette

    On Up with Chris Hayes, Chris and his guests exam the drone war and President Barack Obama’s ‘kill list’ that was revealed in a much read and discussed article in the New York Times. In the following three segments Chris along with Colonel Jack Jacobs, MSNBC military analyst; Hina Shamsi from the ACLU’s National Security Project; Jeremy Scahill of The Nation magazine; and Josh TreviƱo of the Texas Public Policy Foundation, discuss new revelations about the Obama administration’s drone program, including a reported “kill list” overseen directly by President Obama. They also examine the possibility that the Obama administration has been classifying civilian casualties as combatant deaths, as well as, the Obama administration’s contention that its targeted killing program is constitutional, and asks whether Congress is failing to hold the president accountable.

    What Has Happened To Democrats?

    Cross posted from The Stars Hollow Gazette

       [I]t is necessary to the happiness of man, that he be mentally faithful to himself. Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe.

       It is impossible to calculate the moral mischief, if I may so express it, that mental lying has produced in society. When a man has so far corrupted and prostituted the chastity of his mind, as to subscribe his professional belief to things he does not believe, he has prepared himself for the commission of every other crime.

    ~Thomas Paine~, The Age of Reason

    During the Bush administration the Democrats were opposed to the unitary executive powers that Bush assumed. When they realized how intrusive the government had becomes post 9/11 with surveillance, warrantless eavesdropping on American citizens, torture, indefinite detention, military commissions, Guantanamo and the general disregard for the rule of law, the Democrats railed against those policies. What happened that all these polices and now, targeted assassinations without due process have become acceptable? It is incomprehensible that under a Democratic president the right wing shredding of the Constitution is reasonable and defended by those who most vociferously opposed it.

    In a New York Times Editorial, Andrew Rosenthal wrote this about President Obama’s “Kill Lists” and the use of unmanned drones:

    Apologists for the president’s “just trust me” approach to targeted killings emphasize that the program is highly successful and claim that the drone strikes are extraordinarily precise. John Brennan, the president’s counter-terrorism adviser, said in a recent speech that not a single non-combatant had been killed in a year of drone strikes in Afghanistan and Pakistan. And today’s Times article quoted a senior administration official who said that civilian deaths were in the “single digits.”

    But it turns out that even this hey-it’s-better-than-carpet-bombing justification is rather flimsy. The Times article says “Mr. Obama embraced a disputed method for counting civilian casualties …It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.

    The logic, such as it is, is that people who hang around places where Qaeda operatives hang around must be up to no good. That’s the sort of approach that led to the false imprisonment of thousands of Iraqis, including the ones tortured at Abu Ghraib. Mr. Obama used to denounce that kind of thinking.

    So now just living in a village where the US thinks, there are insurgents, be they really Al Qaeda or just people defending their country from invaders, all men in the vicinity are enemy combatants, the President can have you killed and they can prove their innocence post mortem. As Cenk Uygur stated, “This is deeply immoral

    “Memorial Day weekend brought news of more U.S. drone attacks in Pakistan and Afghanistan as The New York Times raises new questions about President Obama’s so-called “Kill List” of terrorists targeted for assassination. An extensive report in Tuesday’s paper looks at the use of targeted attacks to take out terrorism suspects in other parts of the world, an increasingly important part of the government’s anti-terrorism policies that Barack Obama himself has taken personal responsibility for. According to the story, the President approves every name on the list of terrorism targets, reviewing their biographies and the evidence against them, and then authorizing “lethal action without hand-wringing.”

    As the president has slowly drawn down American forces in Afghanistan and Iraq, the use of drone attacks to take out senior leaders of al-Qaeda

    and the Taliban has become the primary tactic for fighting terrorism overseas. However, it raises a lot of legal and ethical questions about extra-judicial killings of individuals, particularly those who happen to be American citizens…”.

    Will Bunch expressed his outrage in his Philadelphia Daily News column

    {T]oday the harm that’s caused by raining death from machines in the sky down onto far too many civilians — including someone’s son, brother, or father who wasn’t “up to no good” at all — vastly outweighs any good. Righteous anger over the killing of civilians creates new terrorists faster than the killing of any old ones. As for the morally indefensible position that any male killed in such an attack is “probably up to no good,” isn’t the Obama administration saying the EXACT same thing that George Zimmerman said about Trayvon Martin? [..]

    Actually, the similarity with Zimmerman is even greater than I first thought. What he said to the Sanford police dispatcher was that Trayvon Martin “looks like he’s up to no good.” Thank God Zimmerman didn’t have drones, huh?

    Some of us on the left, many of whom supported President Obama in 2008, have some very serious issues with this President and those of his supporters who are choosing now to ignore all the horrendous violations of US and International law and the continued trampling of our rights and freedoms, but are now wholeheartedly accepting and defending these policies (Warning: link leads to a right wing Obama 527). They would love it if Obama’s critics would just sit down and shut up.

    What has happened to Democrats who were willing to call for not just the impeachment but the arrest and prosecution of both George W. Bush and Dick Cheney? Now Barack Obama has taken those same policies a step further and made them acceptable to his loyal supporters but not to those of us who still hold to the same principles we did eleven years ago.

    The NDAA Passes the House with Indefinite Detention Intact

    Cross posted from The Stars Hollow Gazette

     The National Defense Authorization Act passed the House  a vote of 299 – 110. It passed without the bipartisan amendment that was proposed by Reps. Adam Smith (D-Wash.) and Justin Amash (R-Mich.)  which would have prohibited indefinite detention without due process . It failed by a vote of 243 – 173.  House Republicans piled on the fear factor with accusations that the amendment and its supporters were “soft on terrorist”. Adam Serwer recounts in his article in Mother Jones how Smith and Amash were accused of having “[collaborated on a nefarious plot to undermine national security”:

    “Rep. Tom Rooney (R-Fla.) accused the lawmakers of wanting to “coddle terrorists,” while Rep. Mac Thornberry (R-Tex.) warned that under an amendment they’d introduced, “as soon as a member of Al Qaeda sets foot on US soil, they hear you have the right to remain silent.” National Review’s Andrew C. McCarthy, a former federal prosecutor who has never heard of a same-sex marriage supporting, pro-financial regulation liberal who wasn’t secretly a member of the Muslim Brotherhood, wrote that their proposal was the result of “libertarian extremists” teaming up with liberals with an “obsession” with giving “more rights” to “mass murderers.” ”

    We now know that there are 231 paranoid delusion Republicans in the House that no longer believe in the rule of law or the Constitution of the United States:

    “As Smith pointed out during yesterday’s floor debate, the Fifth Amendment says no “person” shall be deprived of liberty without due process of law. It doesn’t say “citizen,” and the text of the Constitution uses both words enough that it’s clear the framers understood the difference. “Your beef is with James Madison,” Smith told Thornberry on Thursday. So keep in mind, when Republicans like Rooney say that Smith and Amash want to “coddle terrorists,” they’re not necessarily talking about some heavily armed Al Qaeda fighter in Kandahar. They’re potentially talking about you.”

    Besides passing without the Smith/Amash amendment, the $642 billion bill breaks a deficit-cutting deal with President Barack Obama and restricts his authority in an election-year challenge to the Democratic commander in chief. The bill also calls for construction of a missile defense site on the East Coast that the military opposes, and bars reductions in the nation’s nuclear arsenal. Against the request of the Chamber of Commerce and business community, strong GOP allies, the Republicans passed an amendment limiting funds for institutions or organizations established by the U.N. Convention on the Law of the Sea:

    “The chamber supports Senate ratification of the Law of the Sea Treaty “because it would provide clear legal rights and protections to American businesses to transit, lay undersea cables, and take advantage of the vast natural resources in and under the oceans off the U.S. coasts and around the world,” executive vice president R. Bruce Josten said in a statement. He noted that the Defense Department supports the treaty.

    Tea party Republicans and other conservatives have expressed concerns about the treaty impinging on U.S. sovereignty.”

    President Obama has threatened to veto this bill, not for the lack of the restriction on indefinite detention but mainly because of restrictions on the implementation of the New START treaty; limits on reductions for the U.S.’s nuclear arsenal; and new restrictions on the transfer of Guantanamo detainees. Moreover, the White House objected to the overall size of the bill, which surpasses President Obama’s request by $3.7 billion and exceeds the Budget Control Act spending caps by $8 billion. I’ll believe that when it happens.

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