There’s no dispute that the Senate isn’t working properly, but I disagree with the simplistic, partisan argument that the problem is Republican obstructionism and abuse of the filibuster.
The classic understanding of a filibuster comes from Jimmy Stewart in “Mr. Smith Goes to Washington” singlehandedly holding the Senate floor around the clock. Today, when Senate Democrats complain about Republicans launching record filibusters, they mean the unprecedented number of times the current majority leader has filed cloture to force an end to debate and amendments. The majority leader controls whether and how often this tactic is used.
The claim that Republicans force his hand with dilatory debate and amendments is disproved by data from the Congressional Research Service that shows the majority leader has filed cloture on the same day a bill was taken up more than 220 times, far more than any predecessor has. Republicans can’t be said to engage in excessive debate when debate is ended before it has even begun. The majority leader also uses a tactic with blocker amendments to prevent other senators from offering amendments. Using this while filing cloture forces a final vote before a single amendment has been even considered. Abuse of this tactic is at the heart of the Senate’s current gridlock.
In many cases, the majority leader simply informs Republicans in advance of moving to proceed to a bill that he will file cloture and block all amendments. Why on earth would Republicans vote to allow the Senate to take up a bill on which we are told we will be allowed no input? Instead of changing the cloture rule, a more productive reform might be to do away with the tradition, ironically contrary to existing Senate rules, that allows the majority leader to cut in line and offer blocker amendments.
What’s more, from my experience as a former committee chairman and as a current ranking member, I know some of the best examples of bipartisanship happen at the committee level, where consensus proposals are developed. But all that bipartisan work is for naught if those bills never see the light of day. Democratic leaders have also taken to writing bills behind closed doors, using Senate Rule XIV to bring them directly to the Senate floor, shutting out Republicans from the legislative process at every stage.
When the majority leader says the Senate is not operating efficiently, he means it is not approving the legislation he wants on the timetable he demands. The fact is, the Senate is not designed for that kind of efficiency. The rules of the House allow for quick consideration of legislation, but the Senate is supposed to be different. For a period after the 2008 elections, there were 60 Democratic senators, so the Senate could be run like the House, where the majority party reigns supreme and bipartisanship is unnecessary. After the 2010 elections, strictly partisan legislation could no longer pass Congress, but the heavy-handed tactics continued.
Vice President Joe Biden waits to conduct a mock swearing-in ceremony with Sen. Brian Schatz, D-Hawaii, in the Capitol's Old Senate Chamber, December 2, 2014. Schatz was sworn in to serve the remainder of his term since he was appointed to the seat after Sen. Daniel Inouye, D-Hawaii, passed away.