Dems vs. GOP: Leaders nuke it out in fight over voting rule change
By Ramsey Cox
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07/11/13 10:38 AM ET
Senate leaders exchanged fire on Thursday as Democrats headed behind
closed doors to make a decision on whether to trigger the "nuclear
option."
Senate Minority Leader Mitch McConnell (R-Ky.) on Thursday warned the
"nuclear option" would be the "end of the Senate" and accused Democrats
of creating a "phony crisis" to move through President Obama's
nominees.
Changing Senate rules through a majority vote "would
violate every protection of minority rights that have defined the United
States Senate for as long as anyone can remember," McConnell said.
“This
Pandora’s Box, once opened, will be utilized again and again by future
majorities — and it will make the meaningful consensus-building that has
served our nation so well a relic of the past," McConnell said on the
Senate floor.
Democrats in 2005 on the 'nuclear option'
But Senate Majority Leader Harry Reid (D-Nev.) said Republicans have broken their promise,
made earlier this year, to work with Democrats on Obama’s second-term
Cabinet nominees.
“Republicans
have turned advise and consent into deny and obstruct,” Reid said. “This gridlock is not only bad for the Senate, it’s
bad for the country.”
Reid said he planned to file cloture on some of Obama’s nominees later Thursday, setting up a final showdown next week.
Liberal
groups and labor unions are pushing Reid to change Senate rules on
presidential appointments, arguing a limit on the use of the filibuster
is needed to counter Republican obstruction.
Reid and McConnell spar.
Harry Reid- No nuclear option as long as he is the leader.
Democrat Senate Majority Leader Harry Reid is the problem in the Senate.
Senate Republicans say the move would trigger a meltdown in relations and trample the rights of the minority.
The
issue is coming to a head on Thursday at a meeting of Senate Democrats
where they plan to make a decision about whether to "go nuclear."
Republicans on Thursday seemed to make an attempt to lower the temperature and dissuade Reid from changing the rules.
McConnell
said Republicans would not prevent two of Obama’s nominations —
Environmental Protection Agency nominee Gina McCarthy and Labor
Department nominee Tom Perez — from moving forward.
“Both of these highly controversial nominees already have enough votes to clear a 60-vote hurdle,” McConnell said.
And
Sen. Roger Wicker (R-Miss.) suggested to Reid that the parties hold a
joint caucus lunch next week to try and resolve their differences.
The finger-pointing will increase as the Senate and House ends the session and head home to campaign. Barack Obama will be the first president in history to not have a budget during his ENTIRE TERM in Office. The Democrats and Harry Reid hide behind the Continuing Budget Resolutions and the Budget Act as fulfilling that requirement. Harry Reid's own parliamentarian ruled that he must pass a budget this year. He declined.
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The Senate Majority Leader has made changes in debate and amending legislation since taking over as Senate Majority in 2006. The blocking of the Republicans from the democratic process and the ability to represent their voters can be best explained in Harry Reid's own words. Earlier in the same year (2006) when he the was the Minority Whip he said this on "filling the amendment tree".
Of course even a good bill can be improved. That is why we have
an amendment process in the Senate. The junior Senator from Wisconsin
has tried to offer a small number of relevant amendments that I
believe would make this bill even better. I am disappointed that
he has been denied that opportunity by a procedural maneuver known
as ‘‘filling the amendment tree.’’ This is a very bad practice. It
runs against the basic nature of the Senate. The hallmark of the
Senate is free speech and open debate. Rule XXII establishes a
process for cutting off debate and amendments, but rule XXII should
rarely be invoked before any amendments have been offered. There is no reason to truncate Senate debate on this important bill in this unusual fashion. I will vote against cloture to register my objection to this flawed process.
Data as of 05/28/2012 article
According to the Congressional Research Service (CRS), Majority Leader Reid has employed this tactic a record 59 times. He has used it to block minority input into legislation 50 percent more often than the past five Majority Leaders combined.
The minority’s only option under these circumstances is to oppose
ending debate on legislation (known as “invoking cloture”) in order
to convince the majority to allow it to offer amendments to the
legislation and thereby represent the interests of their
constituents. (data as of 05/28/2012 post)
The False Narrative of Republican Filibusters
Republicans have been accused
of abusing the filibuster to thwart Democratic legislation. This claim
is based on the incorrect equation of filibusters with the number of
cloture petitions filed or the number of cloture votes taken. In short, a
cloture petition does not a filibuster make. A filibuster, however,
happens when an attempt to end debate fails. Successfully ending debate
is the opposite of a filibuster.
It only takes a quick glance at the count of
cloture votes, however, to realize that Republicans are not obstructing
with the filibuster. In fact, the percentage of cloture petitions
withdrawn or vitiated has increased to 43 percent this Congress.
This is significantly higher than the average for the previous four
decades, and the highest for any Congress in 25 years. Additionally, the
percentage of cloture votes passing – that is, invoking cloture – is
also rising. The 53 percent success rate for passing cloture votes in
the 112th Congress is the highest in the last 40 years. These figure
show that any increased incidence in cloture filings is due to the
Majority’s impulsiveness—its preference for filing cloture first and
asking the Minority to work with it later—rather than an unwillingness
of Senate Republicans to work with Senate Democrats. (data 05/28/2012) Senate Democrats Choose Dysfunction OVER Solutions
The Senate Majority Leader Harry Reid and the left now use the Republican's cloture and filibuster votes to push the 'obstructionist Republican' MEME and the 'one term president' Mitch McConnell MEME.
Mitch McConnell and the Republican 'conspiracy' to not work with Obama
Laughable and patently false, the leftists NEVER question their Cliff Clavinoids dispensed from the propaganda machine. Information nuggets of pedantics, semantics and strawman arguments. Compare the media matters propaganda to this headline. President Obama: The Biggest Government Spender In World History
The progressive talking point is the filibuster and obstructionist Republicans in the Democrat controlled US Senate. Not only control, but in 2009, they (58 Democrats) are just 2 seats away from their super-majority of the 100 seats. They fail to mention that 2 independents, such as the only Socialist Bernie Saunders who was endorsed by Harry Reid and caucuses with the Democrats, really counts as a Dem vote. What about even one RINO Republican? President Obama never had any intention of submitting a serious budget as he would have to account for RECORD spending with only a dismal economy to show for his agenda. If the Democrats can avoid blame for causing the housing crisis, hiding $5 or $10 TRILLION more with the blame game is easy with a complicit media. The leftist propaganda machine permeates the MSM and social media with their 'messaging'.
Here is how Harry Reid Rules the US Senate as a party stooge and Majority Leader. Google Land Deal, his kid and china solar. Harry Reid has ZERO credibility.
The Senate is a unique legislative institution, designed to guarantee
that the minority party – and the large block of Americans it
represents – has a voice. Traditionally, this body functions well when
the majority party works to find consensus with the minority party on
the process and substance of legislation. Consultation and compromise
with the minority party historically has been the rule, not the
exception it has become in recent years.
Senator Robert Byrd understood the importance of allowing for a full
debate and amendment process in order to preserve the Senate as a unique institution
in our democracy – “the one place in the whole government where the
minority is guaranteed a public airing of its views.” The Senate, he
taught, “was intended to be a forum for open and free debate and for the
protection of political minorities.” Indeed, “as long as the Senate
retains the power to amend and the power of unlimited debate, the
liberties of the people will remain secure.”
Allowing the minority to debate and amend legislation has given way
to the Democrats’ election-year political strategy of blaming
Republicans as obstructionists. Majority Leader Reid has done this by
preventing Republicans from amending pending legislation, ending debate
before it starts, and by-passing the committee process.
Democrats Have Blocked Input on Legislation
Majority Leader Reid has made a habit of squelching the voice of the
minority by curtailing its ability to amend legislation. The Majority
Leader is always the first to be recognized on the Senate floor. He can
use that power to offer a series of Democratic amendments to pending
legislation in a way that prevents Republicans from offering any of
their ideas. This is called “filling the tree.”
Majority Leader Reid once insisted
that the practice “runs against the basic nature of the Senate.” By the
way the Senate operates today, however, it is clear that he has
abandoned that assessment.
According to the Congressional Research Service (CRS), Majority
Leader Reid has employed this tactic a record 59 times. He has used it
to block minority input into legislation 50 percent more often than the
past five Majority Leaders combined. The minority’s only option under
these circumstances is to oppose ending debate on legislation (known as
“invoking cloture”) in order to convince the majority to allow it to
offer amendments to the legislation and thereby represent the interests
of their constituents.
Democrats Have Shut Down Debate Before It Even Starts
In the Senate, the majority can end debate on any matter by a
procedure known as cloture. Majority Leader Reid has indicated his lack
of interest in deliberation by moving frequently to shut down debate the
very day measures are first raised on the Senate floor. According to
CRS, Majority Leader Reid has done this 99 times, not counting same-day
cloture filings on motions to proceed. Of these, 82 were during the
110th and 111th Congresses. In comparison, during the two preceding
Congresses Majority Leader Frist employed this tactic 30 times.
The False Narrative of Republican Filibusters
Republicans have been accused
of abusing the filibuster to thwart Democratic legislation. This claim
is based on the incorrect equation of filibusters with the number of
cloture petitions filed or the number of cloture votes taken. In short, a
cloture petition does not a filibuster make. A filibuster, however,
happens when an attempt to end debate fails. Successfully ending debate
is the opposite of a filibuster.
It only takes a quick glance at the count of
cloture votes, however, to realize that Republicans are not obstructing
with the filibuster. In fact, the percentage of cloture petitions
withdrawn or vitiated has increased to 43 percent this Congress.
This is significantly higher than the average for the previous four
decades, and the highest for any Congress in 25 years. Additionally, the
percentage of cloture votes passing – that is, invoking cloture – is
also rising. The 53 percent success rate for passing cloture votes in
the 112th Congress is the highest in the last 40 years. These figure
show that any increased incidence in cloture filings is due to the
Majority’s impulsiveness—its preference for filing cloture first and
asking the Minority to work with it later—rather than an unwillingness
of Senate Republicans to work with Senate Democrats.
Democrats Short-circuit the Committee Process to Block Debate
In the Senate, legislation generally is referred first to a committee
of Senators with specialized experience in the matter at hand. The
committee process typically involves hearings and legislative “markups”
where a small group of Senators can discuss proposed legislation in
detail and consider a wide range of amendments. This process can allow
for significant minority party participation. However, the current
majority has completely eliminated the committee process for important
matters. According to CRS, Majority Leader Reid has bypassed the
committee process 50 percent more than his predecessor during a
comparable period of time.
Democrats Change the Rules and Ignore Precedent to Shut Out Republicans
Last fall, Majority Leader Reid went so far as to change the rules
of the Senate in order to empower himself to shut out Republicans
entirely from the legislative process. He did so by using the so-called
nuclear option to change Senate procedures with a simple majority vote,
despite his commitment earlier in the year not to use this tactic.
Specifically, during consideration of the China currency bill last
October, the Majority Leader filled the amendment tree in order to
prevent Republicans from offering any amendments before cloture was
invoked. Once cloture was invoked, Republicans tried to exercise their
rights under the Senate’s rules to express themselves by offering
motions to suspend those rules—motions that the Senate Parliamentarian
ruled were proper. The majority simply changed Senate rules by
establishing a new precedent that any such motions offered post-cloture
would now be out of order. As a result, the Majority Leader was able to
squelch completely the voice of the minority on issues of importance to
its constituents.
The Majority Leader again ignored recent precedent earlier this year
when President Obama recess appointed nominees to executive branch
positions, despite the fact the Senate was in pro-forma session to
prevent such appointments. In 2007, the Majority Leader pioneered the
practice of keeping the Senate in session on a pro forma basis to
prevent President Bush from making recess appointments. At the time,
Majority Leader Reid insisted
these pro forma sessions were necessary “to block the President from
doing an end run around the Senate and the Constitution with his
controversial nominations.” By switching positions once President Obama
was in the White House, Majority Leader Reid unfortunately chose to
ignore Republican concerns and to disregard the Senate’s constitutional role in the nominations process.
When Allowed, Republican Input Improves the Process and Legislation
When Democrats have chosen to stifle debate and block the amendments,
legislation goes nowhere. When they agree to a reasonable amendment
process, however, the record of accomplishment shows that Republicans
can help clear a path forward. For example, just this week, Majority
Leader expressed his pleasure
with Republican cooperation in moving forward with the FDA legislation.
He shouldn’t have been surprised – when he consults with Republicans
and allows them to participate in the legislative process, there have
been several legislative accomplishments this session alone. When
Democrats agreed to allow amendments on the Export-Import Bank bill, the
Senate was able to complete this important legislation. This year
alone, Republican cooperation has led to passage of:
• Export Import Bank Reauthorization;
• Trade Adjustment Assistance;
• Patent Reform;
• FAA Reauthorization;
• Highway Bill
A Hyper-Partisan Senate is Not a Serious One
Rather than create hyper-partisan conditions by impulsively filing
cloture on measures, bypassing the committee process, and blocking
Republicans from offering amendments, Majority Leader Reid should work
with Republicans. The record is clear: simply allowing the minority to
participate in the process leads to consensus and accomplishment. This
should remain the rule, not the exception.
Dems vs. GOP: Leaders nuke it out in fight over voting rule change 
