The Morning: The fight over the filibuster

Why is there a big debate?

View in browser|nytimes.com January 27, 2021 By David Leonhardt Good morning. Why is there a big debate over the filibuster? Because it benefits one political party much more than the other. Chuck Schumer, the majority leader, returning to his office after a speech on the Senate floor.Erin Schaff/The New York Times Status quo vs. change If you examine the history of the filibuster — a Senate rule requiring a supermajority vote on many bills, rather than a straight majority — you will quickly notice something: It has benefited the political right much more than the left. In the 1840s (before the term “filibuster” existed), Senator John C. Calhoun of South Carolina used the technique to protect slavery. Over the next century, Southern Democrats repeatedly used the filibuster to prevent Black Americans from voting and to defeat anti-lynching bills. From the 1950s through the 1990s, Senate Republicans, working with some conservative Democrats, blocked the passage of laws that would have helped labor unions organize workers. Over the past two decades, the filibuster has enabled Republicans to defeat a long list of progressive bills, on climate change, oil subsidies, campaign finance, Wall Street regulation, corporate offshoring, gun control, immigration, gender pay equality and Medicare expansion. The early days of Joe Biden’s presidency, with the Democrats narrowly controlling the Senate, have intensified a debate over whether the party should eliminate the filibuster. If Senate Democrats did, they could try to pass many bills — say, on climate change, voting rights, Medicare expansion and tax increases on the rich — with 51 votes, rather than 60. As part of the debate, many observers have pointed out that both parties have used the filibuster, and both could suffer from its demise. Democrats, for example, filibustered some of President George W. Bush’s judicial nominees, as well as abortion restrictions and an estate-tax cut. A Senate without the current filibuster really would cause problems for Democrats at times. On balance, however, there is no question about which party benefits more from the filibuster. Republicans do, and it’s not close. The dictionary test This makes sense, too. Consider the words conservative and progressive. A conservative tends to prefer the status quo, while a progressive often favors change. “The filibuster is a tool to preserve the status quo and makes it harder to make change,” Adam Jentleson, a former Democratic Senate aide and the author of “Kill Switch,” a new book on the filibuster, told me. (I’m reading the book now and recommend it.) Jentleson documents that the country’s founders did not intend for most legislation to require a supermajority and that the filibuster emerged only in the 1800s. Alexander Hamilton and James Madison both wrote passionate defenses of simple majority rule. They protected minority rights by creating a government — with a president, two legislative chambers and a judiciary — in which making a law even with simple majorities was onerous. “What at first sight may seem a remedy,” Hamilton wrote, referring to supermajority rule, “is, in reality, a poison.” If a majority could not govern, he explained, it would lead to “tedious delays; continual negotiation and intrigue; contemptible compromises of the public good.” What now? The filibuster isn’t going anywhere yet. Some past Democratic supporters of the filibuster — like Senator Jon Tester of Montana and Biden himself — have said they might consider eliminating it if Republicans continued to reject compromise. Others — like Joe Manchin and Kyrsten Sinema — say they remain opposed. But the issue won’t be decided in the abstract, as the Republican strategist Liam Donovan has noted. When the Senate is next considering a specific bill that has the support of a majority but not a supermajority, that will be the crucial moment. Related: Jamelle Bouie, a Times Opinion columnist, has made cases for scrapping the filibuster. In The Washington Post, Carl Levin, a former senator, and Richard Arenberg have made the case for keeping it. And Molly Reynolds of the Brookings Institution has described how it might be reformed. THE LATEST NEWS THE VIRUS Government health workers in the Jordan area of Hong Kong, which has been locked down.Lam Yik Fei for The New York Times The world surpassed 100 million known virus cases. The true number is probably much higher. The C.D.C. says schools could reopen safely if people continued to wear masks and practice social distancing. Biden said the U.S. government was nearing a deal with Pfizer and Moderna to increase its order of vaccine doses from 400 million to 600 million by the end of the summer. 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ARTS AND IDEAS Robert Neubecker The price of college The list price at selective private colleges approaches a mind-blowing $80,000 a year, and it’s not far behind for out-of-state students at some public colleges in the U.S. But as Ron Lieber, a personal-finance columnist for The Times, notes, “list prices are increasingly irrelevant for most families.” Middle-class and low-income students typically receive large scholarships — and can receive larger ones if they have excellent grades in high school. Even affluent students can receive a lot of financial aid with top grades. Ron has just published a book that tries to explain the maddeningly complex subject of college finances, called “The Price You Pay for College.” In it, he makes a fascinating point: Many parents talk in great detail with their children about the ways in which sports can earn them college acceptances and scholarships. Yet athletics are not the best route to a scholarship for most students, Ron writes. Academics are. “Each spring, I hear from otherwise well-informed parents of high school seniors who had no idea that this so-called merit aid existed, let alone how to predict where good grades might yield the lowest price or the best value,” Ron told me. “I wanted to make sure that families knew all about it, much sooner.” You can read an excerpt here. PLAY, WATCH, EAT WHAT TO COOK Photograph by Heami Lee Food stylist: Maggie Ruggiero. Prop stylist: Rebecca Bartoshesky. This vegetarian kofta curry is a saucy dish that’s delicious with rice or flatbread. WHAT TO READ The writer Durga Chew-Bose reviews “Let Me Tell You What I Mean,” a collection of essays by Joan Didion from 1968 through 2000. SCIENCE TALK Trying to learn more about the wonders of science? These seven podcasts will help answer questions like whether there’s any scientific basis to astrology, and whether lab-grown meat can replace the real thing. GET OUTSIDE Teachers share tips on how to get outside more this winter. LATE NIGHT The late-night hosts just can’t quit Trump. NOW TIME TO PLAY The pangram from yesterday’s Spelling Bee was logotype. Today’s puzzle is above — or you can play online if you have a Games subscription. Here’s today’s Mini Crossword, and a clue: Pandemonium (five letters). And attention quiz fans: You have until noon Eastern today to submit a question for this week’s News Quiz. Thanks for spending part of your morning with The Times. See you tomorrow. — David P.S. Astead Herndon, a national political reporter for The Times, spoke with Slate about covering Trump and the work of journalists of color. You can see today’s print front page here. Today’s episode of “The Daily” is about why virus infections are falling, and if it will last. On a bonus episode of “Sway,” The Times’s Kevin Roose discusses Substack. Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti and Sanam Yar contributed to The Morning. You can reach the team at themorning@nytimes.com. 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POLL: Does the GOP need McConnell's "leadership"?

Robert, Late yesterday, Senate Minority Leader Mitch McConnell (R-KY) sent his Democrat counterpart "a proposed timeline for the first phases of the upcoming impeachment trial." In a press release last night, McConnell said: "Senate Republicans are strongly united behind the principle that the institution of the Senate, the office of the presidency, and former President Trump himself all deserve a full and fair process that respects his rights and the serious factual, legal, and constitutional questions at stake. ... (I)t is absolutely imperative that we do not allow a half-baked process to short-circuit the due process that former President Trump deserves or damage the Senate or the presidency." But millions of pro-Trump Americans don't think there should even be an impeachment trial. Legal experts say putting President Trump on trial after leaving office is unconstitutional. So why is McConnell giving Senate Majority Leader Chuck Schumer a timeline to try the former Commander-in-Chief? Shouldn't he be fighting to NOT have an impeachment trial. In our previous email, Grassfire announced our new "Should McConnell Resign?" QuickPoll. We want to know if his "leadership style" is what 74 million Trump voters need right now? Do you think McConnell is the best option for the GOP in a 50-50 Senate? Or do Republican and conservative patriots deserve better? Please see yesterday's message below to vote "YES! McConnell should resign!" or "NO! McConnell should stay!" We want to know what you think, so please make your voice heard now. We'll share the final results of the "Should McConnell Resign?" QuickPoll early next week. Thanks, in advance, for your vote. For life, liberty and limited government, The Grassfire Team P.S. If you've already voted, please consider taking immediate action to demand GOP Senators reject the impeachment witch hunt against President Trump. Click here or on the banner below now to instantly fax your personalized, pro-Trump message to ALL 50 Republicans in United States Senate for only $30: +   +   +   +   +   +   + Thursday evening: Robert, Senate Minority Leader Mitch McConnell (R-KY) is coming under fire for inflammatory, anti-Trump remarks he made on the Senate floor this week. On Tuesday, his final day as Majority Leader, McConnell appeared to be aligning himself with Democrats by claiming: "The mob [that breached the Capitol] was fed lies. They were provoked by the President and other powerful people. ... We certified the people's clear choice for their 46th president." Also, The New York Times reported last week that: Senator Mitch McConnell of Kentucky, the Republican leader, has told associates that he believes President Trump committed impeachable offenses and that he is pleased that Democrats are moving to impeach him, believing that it will make it easier to purge him from the party. Grassfire wants to know where our team members stand on McConnell's "leadership" in the Senate. He has served as the Upper Chamber's top Republican since November 2006, when he was voted Minority Leader. He's been the longest-serving leader of U.S. Senate Republicans in history. But over the past 14 years, you could argue that he's also been the chief architect of the GOP's "Play Fight and Surrender" strategy. McConnell's "go along to get along" approach with Democrats over the past dozen years has brought disastrous consequences, including ObamaCare, ObamaGate, out-of-control spending and now a deeply flawed (and likely fraudulent) election! + + Vote Now In Grassfire's New "Should McConnell Resign?" QuickPoll If you think McConnell should resign after needlessly and erroneously blasting President Trump this week, click here or on the "YES!" button below. If you do NOT want to see a change of GOP leadership in the Senate, please click here or on the "NO!" button below.    Please note, we're not asking if you think McConnell should resign from the Senate, just from his position as Minority Leader. Kentucky currently has a Democrat governor. If McConnell left the Senate, it's very likely a Democrat would be installed to replace him, which would further tilt the balance of power AWAY from Republicans. We'll share the results of our "Should McConnell Resign?" QuickPoll after reaching 10,000 votes. Thanks, in advance, for making your voice heard today. For life, liberty and limited government, The Grassfire Team P.S. Our QuickPolls are not scientific and are not meant to endorse a specific candidate or position. Grassfire surveys are for informational purposes only. Click here to view this email on our website. Sources: McConnell Sparks GOP-Split Talk, Claims "Mob Was Fed Lies...Provoked By Trump" (ZeroHedge) McConnell is said to be pleased about impeachment, believing it will be easier to purge Trump from the G.O.P. (The New York Times) +    +    +    +    +    +    + Grassfire, a division of Grassroots Action, Inc., is a million-strong network of grassroots conservatives dedicated to equipping you with the tools that give you a real impact on the key issues of our day. © 2021 Grassroots Action, Inc. http://www.grassfire.com/ -=-=- Grassfire · PO Box 9095, Chesapeake, VA 23321, United States This email was sent to robert@alexanderofyork.com. To stop receiving emails, click here. -=-=- Powered by Grassroots Action, solutions that grow.