Filibusters III

 

Give It All

I got the power, I came to let 'em know (I got the power)
I got the power, I came to let 'em know (I got the power)
I got the power, I came to let 'em know (I got the power)
I got the power, I came to let 'em know (I got the power)

Do Republicans have the power, or do the People have the power?

There is not now, nor has there ever been, a de jure Constitutional requirement that 60 votes in the Senate are needed to allow passage of legislation.  The filibuster is about continuing debate.  Votes on legislation can not be taken until debate has ended.  However, if a supermajority is required to end debate, then de facto 60 votes are currently needed to allow passage of legislation.

It should not be this way.  The constitution recognized that there are certain actions that are so serious that they require a supermajority of society to approve. These actions include declarations of war, entering into treaties, overriding Presidential vetoes, ratifying amendments to the constitution, etc.  The simple passage of legislation is not now, nor has to ever been, included as such an action. Senate Minority Leader Mitch McConnell has said that.” Do my colleagues understand how many times per day the Senate needs and gets unanimous consent for basic housekeeping? Do they understand how many things could require roll call votes? How often the minority could demand lengthy debate?" Under different circumstances, this could be viewed as extortion of the majority by the minority.  “Nice little Senate you have here.  It would be a shame if anything happened to it.”

“Don” McConnell only succeeds in this Mafia like extortion if he can intimidate other minority Republican Senators to back him.  He currently is able to retaliate against Republican Senators who do not vote as he wishes ( he can say it is as the Party wishes, but the vote is supposed to be as the People wish).  If the vote to end debate is public, then he can retaliate.  If the vote is secret, then he can not know against whom to retaliate.

Time to make votes to end debate, also known as the filibuster,  secret votes.