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"[The] Senate of the United States is the only legislative body in the world which can not act when its majority is ready for action. A little group of willful men, representing no opinion but their own, have rendered the great government of the United States helpless and contemptible." - President Woodrow Wilson.
It was only five years ago when Democrats were doubled over in acute political pain as George W. Bush's victory the 2000 election punched Democrats in the gut. Bush won with a narrow margin in the Electoral College and just as narrow a loss in the popular vote. Although the Constitution is clear about how a president is elected, we heard a never-ending torrent of complaint that the Electoral College was antiquated and should be reformed. The will of the people as reflected in a direct majority, as opposed to assent filtered through the structures of a republican government, should be supreme. Democrats today are not so sanguine about majorities. Now they sing of the virtues of the legislative filibuster, the tool of a persistent minority. Democrats condescendingly explain that the Senate should be a "cooling saucer," preventing the government from being swept along by a fervent majority. Nonetheless, the current debate over the legislative filibuster has the virtue of forcing us to re-examine the underpinnings and assumptions of both Constitutional provisions and legislative rules. The current controversy is centered around the duty of the Senate to "advise and consent" on Presidential appointments of federal judges. President George W. Bush has nominated a number of judges to the Federal bench that Democrats are holding up. If brought to the floor, most if not all, of these nominees would win confirmation with a majority. However, Democrats in the minority can exploit the filibuster rule that, in effect, requires a 3/5 majority (60 Senators) to close debate and bring the nomination to the floor of the Senate for a vote. Hence, with only 41 Senators, a minority is able to reject a presidential nomination. There is no doubt that Senate rules allow for this outcome. However, there is procedure by which a simple majority can change the filibuster rules to prevent them from being applied to judicial nominations. This is either the "nuclear option" or the "Constitutional option" depending on the spin one wishes to apply. Democrats are crying foul, embracing a claim to defend the rights of minority.
The copyright of the article History and the Filibuster in Conservative Politics is owned by . Permission to republish History and the Filibuster in print or online must be granted by the author in writing.
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