Monday, December 10, 2012

Democratic Proposal - Change the rules on Filibusters

Background:  It currently takes 60 votes to get legislation through the Senate.  Democrats are pushing to change the current "rules of the game", which would enable them to pass legislation with a mere 51% majority.  While there is a certain logic to this idea, and it would facilitate "getting things done", am a firm believer in - "what's good for the goose is good for the gander".  NOTE:  When Republicans had the Presidency, a majority in the House, and over 51% in the Senate, we certainly didn't hear any talk from Democrats about changing the rules, and thus enabling Republicans to get legislaton passed with just a 51% Senate majority.

Tyranny of the majority:  The big problem with the above proposal is that you create a scenario where the President, 51% of the House, and 51% of the Senate can make sweeping legislative changes over the protests (often vehement) of the minority.  That legislation that is passed by the majority does not even have to be constitutional - but it will be implemented once the law is passed.  It could easily take a year or two before the new law worked it's way to the Supreme Court and was
declared to be null and void, and in the meantime, you are stuck with this potentially illegal legislation.

Recommendaton

a.  Effective Date:  If the Senate is going to implement something as drastic as the above, it should not be effective immediately, but instead, be made effective at some point in the future - like after the next Presidential election.  That way each side has an equal chance of being the Party initially able to benefit from the rule change.  Making it effective immediately would be just a self-serving maneuver by the Democrats to strongarm their progressive agenda into law.

b.  Best to Seek Compromise:  Actually, think it's best that the Senate doesn't make this change.  If a legislative proposal can't get the approval of the President, the majority of the House, and 60% of the Senate, it shouldn't be implemented.  Believe that it's more imporant to protect minority rights than to ram through legislation that could easily qualify as "tyranny of the majority".  It's simply up to Congress and the President to do their job and come up with a compromise proposal that can get passed.

Comment:  Think the real reason that we have been having so much trouble getting the compromise necessary to pass legislation is because the current President is so far left that compromise has become nearly impossible.   NOTE:  Certainly you didn't see this sort of logjam during the Clinton administration.

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