Long ago, in a polity far away, having the Senate evenly split between fifty Republicans and fifty Democrats would have forced the two parties to work together to keep the government running. These days, however, we have one party interested in good government, and the other, led by Mitch McConnell (R-Byss), happy to see no government at all.
Barack Obama came into office in 2008 with a filibuster-proof 60-40 Democratic majority in the U.S. Senate, and the the U.S. economy four months into the most serious collapse since the Great Depression of the 1930s. McConnell had vowed that thwarting Obama at every turn would be the Number One priority of the Republican Party, over and above national interest, leaving Democrats to rescue the economy on their own.
From there, Obama and Senate Democrats tried a bipartisan approach to crafting the Affordable Care Act, trimming the bill a little here and gutting it a little there in a vain attempt to persuade even one Republican to sign onto it. But the GOP had their orders to stick together in intransigent opposition no matter what. Democrats might just as well have passed a Swedish-style single-payer system instead.
Then Ted Kennedy up and died and was replaced by Republican Scott Brown, handing McConnell effective veto power over all legislation and dozens upon dozens of judicial appointments.
Today, McConnell is still in charge of Senate Republicans, who continue to show remarkable unity when opportunities to do nothing arise. Ten Senate Republicans do not exist who will put the national interest above party politics.
None of the issues that Joe Biden and his fellow Democrats ran on in 2020 can be dealt with as long as Mitch McConnell retains his veto power, so many Democrats are eager to scrap the filibuster— possible now if they have their 50 votes plus that of Vice President Kamala Harris.
But not so fast! Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) like the filibuster! Manchin cited the "Byrd Rule," named for the 1970's-80's leader of Senate Democrats and 1940's Ku Klux Klansman Robert Byrd. Byrd personally filibustered four fourteen hours against the Civil Rights Act of 1964 along with other Dixiecrats.
Sinema, this cartoon's link to being of interest to LGBTQ+ readers, avoided citing the filibuster's history of anti-civil rights, but told Politico, “I want to restore the 60-vote threshold for all elements of the Senate’s work.” (Emphasis mine.) Considering her experience as one of the very few Democratic members of the Arizona legislature, her love for the filibuster may be understandable — but self-defeating.
“I have long said that I oppose eliminating the filibuster for
votes on legislation,” Sinema’s office went on to explain. “Retaining
the legislative filibuster is not meant to impede the things we want to
get done. Rather, it’s meant to protect what the Senate was designed to
be. I believe the Senate has a responsibility to put politics aside and
fully consider, debate, and reach compromise on legislative issues that
will affect all Americans.”
From this explanation, a voter might
conclude that the Framers created the Senate to be some sort of debating
society that occasionally passes bills, rather than an active and
functional legislative chamber.
The Framers of the Constitution actually got rid of a forerunner of the filibuster, a requirement that "important resolutions" be approved by two-thirds of the states — a practice that had hobbled government under the Articles of Confederation. As Alexander Hamilton, in Federalist #22, observed:
To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision), is, in its tendency, to subject the sense of the greater number to that of the lesser. ... The necessity of unanimity in public bodies, or of something approaching towards it, has been founded upon a supposition that it would contribute to security. But its real operation is to embarrass the administration, to destroy the energy of the government, and to substitute the pleasure, caprice, or artifices of an insignificant, turbulent, or corrupt junto, to the regular deliberations and decisions of a respectable majority. In those emergencies of a nation, in which the goodness or badness, the weakness or strength of its government, is of the greatest importance, there is commonly a necessity for action. The public business must, in some way or other, go forward. If a pertinacious minority can control the opinion of a majority, respecting the best mode of conducting it, the majority, in order that something may be done, must conform to the views of the minority; and thus the sense of the smaller number will overrule that of the greater, and give a tone to the national proceedings. Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public good.
It was catchier when Lin Manuel-Miranda rapped it, but perhaps you get the point.
