The Filibuster

Predictions are hard, especially about the future.  But I do believe that the continued outrages against decency that typifies Trumpistan will lead to Democratic takeover of the House and Senate this fall.  I am, surprisingly, an optimist.  I think a lot of Democrats and Progressives assumed that progress was linear and irreversible.  The ascension of Obama to the presidency was supposed to be the fulcrum point towards the "emerging Democratic majority."  Recent scholarship suggests that the "center" of American politics is a group of people who routinely vacillate against whomever is in the White House.  At this moment, that sentiment should work against the Republicans.

Jon Chait suggests that Democrats should run on eliminating the filibuster in the Senate.  From a strictly consistent point of view, it makes sense.  We no longer have the filibuster for judicial appointments and the budget.  Why do we have it for every day legislation?  Imagine what Obama could have accomplished in 2009-2011 without having to rely on Joe Lieberman. 

The argument that the filibuster protects the minority is a decent one, but does it really hold true today?  What, exactly, is the filibuster protecting?

The Republicans have entrenched themselves in the House via gerrymandering, but that can be slightly reversed in 2020 with a two-part Democratic wave.  However, both the Senate and House have natural gerrymanders that favor rural voters.  Any move to end the filibuster is a long term move that might have implications long term.

There are two ways to amend rather than end the filibuster.  First, as Chait suggests, is to end the "silent filibuster."  If you want to filibuster, get up and talk for days.  Make it painful.  I 100% support that.  Secondly, I've wondered about a "decaying" filibuster that starts at 60 votes and then a month or two later becomes 58 votes, then 56, until eventually you get a majority.  That allows popular opinion a chance to impact the Senate.

If the Democrats decide to end the filibuster, it really should come with three other moves.  First, divide California into two or more states.  Second, give Senate representation to the District of Columbia.  Third, give Puerto Rico Senate representation.  I'm not sure if DC would need to become a state in order to get Senate representation, but there are more people in DC than in Wyoming.  They should have Senate representation. 

Mitch McConnell is the John C. Calhoun of the 21st century.  He has broken institutions that he was supposed to serve.  He wouldn't let the story of Russian interference in the election become public.  He is a villain.  But sometimes, you have to meet bare knuckles with bare knuckles.