Dems & GOP Settle On Senate Rules Reform Package

Jan 27: According to an announcement from Senate Majority Leader Harry Reid (D-NV), Democrats and Republicans have reached an agreement on a rules package that includes a pledge by Minority Leader Mitch McConnell (R-KY) not to use the so-called "constitutional option" to seek to change Senate rules "in this or the next Congress." The "constitutional option" would allow the Majority Leader to call for a simple majority vote to approve a Senate Rule change [See WIMS 1/7/11].

 

    Senator Reid said, "We are making these changes in the name of compromise, and this agreement itself was constructed with the same respect for mutual concession. Senator McConnell and I both believe that our reverence for this institution must always be more important than party. And as part of this compromise, we have agreed that I won't force a majority vote to fundamentally change the Senate -- that is, the so-called 'constitutional option' -- and he won't in the future. The five reforms we are making, however, are significant. They will move us five steps closer to a healthier Senate."

    Under the terms of the agreement the Senate will hold votes on:

• Eliminating secret holds, including the right of senators to pass their secret holds to another anonymous senator to keep a rolling secret hold;
• Eliminating the delaying tactic of forcing the reading of an amendment that has already been submitted for 72 hours and is publicly available;
• Legislation to exempt about 1/3 of all nominations from the Senate confirmation process, reducing the number of executive nominations subject to Senate delays, which will be scheduled at a future date under the terms of an agreement reached by Sens. Mitch McConnell and Lamar Alexander, Homeland Security and Government Affairs Chairman Joe Lieberman and HSGA ranking member Sen. Susan Collins, along with Sens. Reid and Chuck Schumer.

    In addition, in a colloquy entered into the record: Sen. McConnell agreed not to use the constitutional option to seek to change Senate rules "in this Congress or the next Congress." [and] Sen. McConnell agreed to reduce use of the filibuster on motions to proceed and Sen. Reid agreed to reduce the use of "filling the tree" to block all amendments.

    Senator Chuck Schumer (D-NY) said, "While we didn't get everything we wanted to, the Senate will be a significantly better place with these changes. As a result of this agreement, there should be more debate, more votes and fewer items blocked by a single senator or a small minority of senators. Make no mistake about it: this agreement is not a panacea, but it is a very significant step on the road to making the Senate function in a better, fairer way. This would not have been possible without the continued insistence on change by Senators Tom Udall, Jeff Merkley and Tom Harkin [See related article below]. Their push to establish the Jimmy Stewart-style filibuster, which would require senators to actually hold the floor if they want to block a bill, is one I hope will be accepted by the other party in the future."

 

    Senator Reid said, "Our ability to debate and deliberate without the restraints of time limits is central and unique to the United States Senate. It's supposed to be that way.  It's in our DNA.  It's one of the many traits intentionally designed to distinguish this body from the House of Representatives, and from every other legislative body in the world.  It has always been central to the Senate, and it always should be. But when that arrangement is abused, we have to do something.  Not merely in the name of efficiency, or for the sake of a political party's fortunes in the next election.  We have to act because when abuses keep us from doing our work, they deter us from working together, and they stop us from working for the American people.  And within these four walls, it degrades the relationships that make the Senate run."

 

    Senator Reid provided a lengthy account of some of the recent abuses of Senate rules and the reasons identified many reasons why observers are saying the Senate is broken. He concluded saying, ""I know some want us to go even further.  There are just as many arguments for not going so far.  But remember this: We are making these changes in the name of compromise, and this agreement itself was constructed with the same respect for mutual concession. Senator McConnell and I both believe that our reverence for this institution must always be more important than party.  And as part of this compromise, we have agreed that I won't force a majority vote to fundamentally change the Senate -- that is, the so-called 'constitutional option' – and he won't in the future. The five reforms we are making, however, are significant.  They will move us five steps closer to a healthier Senate."

 

    Access the complete announcement and statement from Senator Reid (click here).

 

THE REST OF TODAY'S NEWS
- Broken Senate Rules Have Stopped Efforts To Reform Them
- The Debate Begins On Regulatory Reform & Executive Order 13563
- More Details & Budget Clues On President's SOTU Message
- Environmental Groups Reaction To President's SOTU Message

(Click here for details)

26 Democrats Push For Senate Filibuster & Holds Rule Changes

Jan 7: As previously reported a number of Senate Democrats are proposing to revise the Senate Rules relating to filibuster so-called "Secret Holds"; & "Shadow Filibusters" [See WIMS 1/5/11]. Although even the procedure regarding when and how to change Senate Rules is debatable, it is generally recognized that rule changes are considered on the first day of a new Congressional session. Accordingly, U.S. Democratic Senators Tom Udall (NM), Tom Harkin (IA) and Jeff Merkley (OR) introduced a resolution (Senate Resolution 10) to reform the Senate rules that includes a package of provisions designed to "increase transparency, restore accountability and foster debate in an institution where obstruction and dysfunction have pushed aside progress for the American people."

 

    Currently, the resolution is co-sponsored by 26 senators. According to a release from Senator Udall the primary sponsor, the resolution comes after years of "unprecedented obstruction and a historic rise in the use of the filibuster." He points out that since 2006, there have been more filibusters than the total between 1920 and 1980. As a result of this "dysfunction," he says in the last Congress the Senate was unable to pass a single appropriations or budget bill, left more than 400 bills sent over by the House unconsidered, and left key executive appointments and judicial nominations to languish.

 

    Sen. Udall said, "Here in the Senate, open, honest debate has been replaced with secret backroom deals and partisan gridlock. Up-or-down votes, and sometimes even debate, on important issues have been unreasonably delayed or blocked entirely at the whim of a single senator. The American people are fed up with it. They are fed up with us. And I don't blame them. We need to bring the workings of the Senate out of the shadows and restore its accountability. Over the next two weeks the American people will have the opportunity to add their voices to the call for reform and I encourage them to speak loudly."

 

    Sen. Harkin said, "This reform effort is about one thing: ensuring the Senate can operate more fairly, effectively and democratically to meet the challenges of our time. When I first moved toward a reform effort in 1995, I saw an escalating arms race, where each side ratcheted up the use of the filibuster. The sad reality is that, today, because of the indiscriminate use of the filibuster, the ability of our government to legislate and to address problems is severely jeopardized. Sixteen years after I first introduced my proposal, it is even more apparent that for our government to properly function, we must reform and curb the use of the filibuster."

 

    Sen. Merkley said, "The clear and undeniable fact is that the Senate is broken. Thoughtful deliberation does not occur and far too much gets lost in a tangle of obstruction and delay. Our proposal will help restore the Senate to what the American people believe it ought to be - an institution that respects both minority and majority rights and allows fair consideration, debate and decisions on legislation and nominations."

 

    According to a summary, the rules reform package includes five provisions that would do the following:

• Eliminate the Filibuster on Motions to Proceed: Makes motions to proceed not subject to a filibuster, but provides for two hours of debate. This proposal has had bipartisan support for decades and is often mentioned as a way to end the abuse of holds.
• Eliminate Secret Holds: Prohibits one senator from objecting on behalf of another, unless he or she discloses the name of the senator with the objection. This is a simple solution to address a longstanding problem.
• Guarantee Consideration of Amendments for both Majority and Minority: Protects the rights of the minority to offer amendments following cloture filing, provided the amendments are germane and have been filed in a timely manner.
• Talking Filibuster: Ensures real debate following a failed cloture vote. Senators opposed to proceeding to final passage will be required to continue debate as long as the subject of the cloture vote or an amendment, motion, point of order, or other related matter is the pending business.
• Expedite Nominations: Provide for two hours of post-cloture debate time for nominees. Post cloture time is meant for debating and voting on amendments - something that is not possible on nominations. Instead, the minority now requires the Senate use this time simply to prevent it from moving on to other business.

    After meeting briefly on January 5, for swearing in ceremonies and some procedural considerations, the Senate is now scheduled to reconvene at 10:00 AM on January 25. It is expected that consideration of rules revisions will be an early matter for consideration when Senators reconvene. As WIMS previously reported support for the change is sharply divided along party lines, however, a rule change may be passed by a simple majority. The Senate votes are now divided with 51 Democrats, 2 Independents that caucus with Democrats and 47 Republicans.

 

    The Washington Post reported that following a Democratic caucus meeting yesterday, Senate Majority Leader Harry Reid (D-NV) indicated that Democrats were ready to consider rules reform on their own. He said, "It's very clear that Democrats want to change the rules. They believe, as I believe, the rules have been abused, as I said in my opening statement yesterday. And we're going to work toward that. We hope that the Republicans see the light of day and are willing to work with us. If not, we'll have to do something on our own."

 

    Senate Minority Leader Mitch McConnell (R-KY) said on January 5, . . one party shouldn't be allowed to force its will on everyone else. And thanks to the Senate, it rarely has. And that's why a recent proposal to change the Senate's rules by some on the other side is such a bad idea. . . a proposal to change the Senate rules so they can continue do exactly what they want with even fewer members than before. Instead of changing their behavior in response to the last election, they want to change the rules. Well, I would suggest that this is precisely the kind of approach a supermajority standard [i.e. 60-vote rule] is meant to prevent."

 

    In addition to Udall, Harkin and Merkley, the resolution is currently co-sponsored by the following senators: Dick Durbin (IL), Amy Klobuchar (MN), Sherrod Brown (OH), Mark Begich (AK), Richard Blumenthal (CT), Kirsten Gillibrand (NY), Jeanne Shaheen (NH), Michael Bennet (CO), Barbara Boxer (CA), Benjamin L. Cardin (MD), Bob Casey (PA), Christopher Coons (DE), Al Franken (MN), Kay Hagan (NC), Frank Lautenberg (NJ), Joe Manchin (WV), Barbara Mikulski (MD), Jay Rockefeller (WV), Debbie Stabenow (MI), Jon Tester (MT), Mark Udall (CO), Mark Warner (VA), and Sheldon Whitehouse (RI).

 

    Access a release from the Senators (click here). Access legislative details for S.RES.10 including a list of cosponsors (click here). Access a release from Senator Udall (click here). Access a video from Senator Merkley (click here). Access the complete statement from Sen. McConnell (click here). Access the FixTheSenateNow campaign website for extensive background information (click here). Access the Washington Post article (click here).

The "People's House"; "Secret Holds"; & "Shadow Filibusters"

Jan 5: As the new 112th Congress gets rolling, on the surface there is talk of cooperation and bipartisanship; however, behind the scenes, both sides are digging in to advance their separate and quite different agenda.

 

    Newly elected Speaker of the House John Boehner's (R-OH) delivered remarks at opening session of the 112th Congress which  convene today at 12:00 PM ET. Speaker Boehner said, "We gather here today at a time of great challenges. Nearly one in ten of our neighbors are looking for work. Health care costs are still rising for families and small businesses. Our spending has caught up with us, and our debt will soon eclipse the size of our entire economy. Hard work and tough decisions will be required of the 112th Congress. No longer can we fall short.  No longer can we kick the can down the road.  The people voted to end business as usual, and today we begin carrying out their instructions."

 

    Speaker Boehner also indicated, "The American people have humbled us. They have refreshed our memories as to just how temporary the privilege to serve is. They have reminded us that everything here is on loan from them.  That includes this gavel, which I accept cheerfully and gratefully, knowing I am but its caretaker. After all, this is the people's House. This is their Congress.  It's about them, not us.  What they want is a government that is honest, accountable and responsive to their needs. A government that respects individual liberty, honors our heritage, and bows before the public it serves."

 

    "Our aim will be to give government back to the people. In seeking this goal, we will part with some of the rituals that have come to characterize this institution under majorities Republican and Democratic alike. We will dispense with the conventional wisdom that bigger bills are always better; that fast legislating is good legislating; that allowing additional amendments and open debate makes the legislative process 'less efficient' than our forefathers intended. These misconceptions have been the basis for the rituals of modern Washington.  The American people have not been well served by them."

 

    "We will not always get it right.  We will not always agree on what is right.  A great deal of scar tissue has built up on both sides of the aisle.  We cannot ignore that, nor should we. My belief has always been, we can disagree without being disagreeable to each other.  That's why it is critical this institution operate in a manner that permits a free exchange of ideas, and resolves our honest differences through a fair debate and a fair vote.  We may have different – sometimes, very different – ideas for how to go about achieving the common good, but it is our shared goal.  It is why we serve."

 

    In the opening session of the Senate, Senators are debating possible changes in the Senate rules relating to filibuster and the ability of individual Senators to place anonymous "holds" on bills and appointments. A petition by Senators Jeff Merkley (D-OR) and Tom Udall (D-NM) reportedly has 15,000 signatures. Senator Merkley says, "It's a simple idea:  Require Senators who filibuster to stay on the floor and explain to the American people why they think they are right and a majority of Senators are wrong. It also requires Senators who wish to obstruct the Senate to spend time and energy making their case. . . Have no doubt, the modern Senate is broken and we have to fix it. During 2010 the Senate didn't pass a budget, didn't get a single one of the 13 appropriation bills passed, and didn't vote on over a hundred nominations for judges and executive branch appointments." 

 

    In a January 5, release Senator Udall said, "The House of Representatives passed more than 400 bills that the Senate never debated. We didn't pass a budget, we only passed one authorization, government nominees were needlessly delayed, many before passing by near-unanimous votes, and judicial posts remain vacant. And when obstruction happened, it typically came in the form of "secret holds" or "shadow filibusters" that the American public never saw. The Senate is broken and today we have an opportunity to start fixing it. The Constitution says that 'each house may determine the rules of its proceedings,' and today I will submit a rules reform package that improves accountability and transparency, while preserving minority rights."

 

    Senate Majority Leader Harry Reid said in an opening statement, "In the new Congress, Democrats will find pragmatic ways to solve the problems facing our country and to revive the economic growth and innovation that have made America the global leader it is today. We will continue to reach out to Republicans as partners in problem solving -- in the hope that they will make decisions based on common sense and not on the extremism that has recently gripped their party. We have many new challenges. Above all, Democrats will focus on creating jobs. There are too many Americans right now who have been doing everything they can to find a job -- but jobs just aren't there. As of November, there were still five unemployed Americans for every job opening."

 

    Senate Republican Leader Mitch McConnell (D-KY) delivered remarks on the Senate floor saying, "First, I'd like to take a moment to welcome back all of my colleagues, but particularly the 13 new Republican senators who make it official today. Americans are looking for creative, principled leaders. I'm confident this impressive class of new Republicans will not disappoint. I'd also like to welcome my good friend, the Majority Leader. At a time when some people think the two parties in Washington can't even agree on the weather, I'll note that Senator Reid and I get along just fine. I expect it'll stay that way, and I look forward to working together again. The big changes today are of course happening across the dome, and I'd like to welcome the many new Republican members of Congress who've come to Washington to change the way things are done around here. In this, they'll be led by a very talented and determined Ohioan whom I'll now have the great honor of referring to as Speaker Boehner."

 

    Despite the pledges of goodwill between Senators Reid and McConnell, the rhetoric was thick between Senate Democrats and Republicans on budget cuts, health care and regulatory reform. And, on the first issue debated regarding a change in the Senate rules, Minority Leader McConnell said, "recent proposal to change the Senate's rules by some on the other side is such a bad idea. For two years, Americans have been telling us that they're tired of being shut out of the legislative process. They want to be heard. And the response they're now getting from some on the other side, instead, is a proposal to change the Senate rules so they can continue do exactly what they want with even fewer members than before. Instead of changing their behavior in response to the last election, they want to change the rules. . .  I would suggest that this is precisely the kind of approach a supermajority standard (i.e. 60-vote rule) is meant to prevent."

 

    Access excerpts from Speaker Boehner's opening remarks (click here). Access a release from Senator Udall (click here). Access a video from Senator Merkley (click here). Access the complete statement from Sen. Reid (click here). Access the complete statement from Sen. McConnell (click here).