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November 11, 2009

Want real reform? Let's start with Congress.

The US Senate filibuster and personal hold have turned the intent of the American constitution on its head: instead of majority rule with respect for the minority, it has become ultraminority blockage preventing any rule.  The majority has to bend over so far backward for the minority that the minority dictates what can come up.

Steven Pearlstein - Want real reform? Let's start with Congress:

Because of the quaint traditions of the [US Senate], there are today scores of top positions in government that routinely remain unfilled for months because one senator or another has decided to put a "hold" on a nomination. And on any controversial issue, and even some that are not, 60 votes are now required to overcome the threat of endless "debate" and actually pass a piece of legislation, along with 60 votes on as many amendments as senators can dream up.

It's gotten to the point now where all it takes to kill something in the Senate is the mere threat of a filibuster, without anyone actually having to mount one. And if you somehow managed to get, say, health reform legislation to the floor, it would take 60 votes to pass a bill that included the public option and 60 votes to pass one without it.

Catch-22!

Despite what you hear from legislative leaders, there is nothing preordained about this wholesale disregard for majority rule. In fact, it violates the letter and spirit of the U.S. Constitution, which expressly delineates a limited number of instances in which anything other than a majority vote is required. And it makes a mockery of Senate rules and precedent, which for nearly two centuries were grounded in a tradition of comity and mutual respect between majority and minority.

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