Blog Credo

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken

Wednesday, July 27, 2022

Nuke It From Orbit

 TPM has been doing a good job getting Democratic Senators to publicly commit to what they are calling Roe and Reform. Basically, will a Democratic Senator promise to repeal the filibuster to bring a version of Roe to a majority vote in the Senate. The argument - and it's solid enough - is that Democrats can run on "Give us the House and X numbers of seats in the Senate, and we will make Roe law." This crystalizes your message both to your base and that mushy middle. There are two clear holdouts in Manchinema. Angus King and Mark Warner are currently holding out, but with enough pressure, they could flip. Then there are others who haven't commented...anyway, you can look at the list,

Marshall goes on to make a more important point that I think is really solid: the filibuster empowers the authoritarian forces in American political life. By requiring a super-majority to pass any substantive legislation (aside from taxation and confirming judges), the filibuster crushes the motivation for voters to engage in politics. If you want, say, a broad criminal justice reform bill, you won't get it, because it will never come to an up or down vote.

It's possible, as Marshall notes, that we will get a federal bill legalizing same sex marriage, before the Assembly of Religious Experts gets a chance to gut it. We might also get a bill passed to make a repeat of January 6th much, much harder. What's odd is that this is so freaking rare! We rarely only pass what we can pass through reconciliation, which limits the scope of federal legislation considerably.

Why engage in with politics if Washington (namely the Senate) is so fundamentally broken?

Marshall dispenses with most of the arguments in favor of the filibuster, but there have been two institutions slowly crushed by the GOP's decades long assault on the basic idea of governing: the professional civil service and the Congress. The latter is a direct result of the GOP's neo-Calhoun position of minority nullification in the Senate. 

Congress should be central to every aspect of governing, but it isn't because it can't function. It can't function because of the Senate filibuster.

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