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	<title>Comments on: Is the present filibuster rule constitutioinal?</title>
	<atom:link href="http://crowhill.net/blog/?feed=rss2&#038;p=7499" rel="self" type="application/rss+xml" />
	<link>http://crowhill.net/blog/?p=7499</link>
	<description>A multi-author blog with a range of opinions on news, culture, politics, beer, art, science, education, religion and life</description>
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		<title>By: Jordan Henderson</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254076</link>
		<dc:creator>Jordan Henderson</dc:creator>
		<pubDate>Sun, 07 Feb 2010 18:20:40 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254076</guid>
		<description>I agree that each new Senate term should approve or reform their rules.

This actually goes against my own preference, as I favor limited government and gridlock.  If cloture were removed, the floodgates to Change would be open.

At this point, I just want honest Government.  People debating openly what they believe in.

The practice of opposing legislation just to be in the opposition goes way back.  &lt;a href=&quot;http://blog.newsweek.com/blogs/thegaggle/archive/2009/08/26/echoes-of-kennedy-s-battle-with-nixon-in-health-care-debate.aspx&quot; rel=&quot;nofollow&quot;&gt;We would  have had Government guaranteed health care, proposed by Nixon, similar to but more extensive than the current Democrat backed plan in Congress, in 1974 had Ted Kennedy not torpedoed it&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p>I agree that each new Senate term should approve or reform their rules.</p>
<p>This actually goes against my own preference, as I favor limited government and gridlock.  If cloture were removed, the floodgates to Change would be open.</p>
<p>At this point, I just want honest Government.  People debating openly what they believe in.</p>
<p>The practice of opposing legislation just to be in the opposition goes way back.  <a href="http://blog.newsweek.com/blogs/thegaggle/archive/2009/08/26/echoes-of-kennedy-s-battle-with-nixon-in-health-care-debate.aspx" rel="nofollow">We would  have had Government guaranteed health care, proposed by Nixon, similar to but more extensive than the current Democrat backed plan in Congress, in 1974 had Ted Kennedy not torpedoed it</a>.</p>
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		<title>By: John K</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254070</link>
		<dc:creator>John K</dc:creator>
		<pubDate>Sun, 07 Feb 2010 15:04:00 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254070</guid>
		<description>But don&#039;t forget the Bush energy talks, where they wouldn&#039;t even tell who was present.

All these counterproductive things have been gradually escalating, and it doesn&#039;t seem very useful to worry now about who hit whom first.

And my original point is that current Senators should have the opportunity to debate and approve rules.</description>
		<content:encoded><![CDATA[<p>But don&#8217;t forget the Bush energy talks, where they wouldn&#8217;t even tell who was present.</p>
<p>All these counterproductive things have been gradually escalating, and it doesn&#8217;t seem very useful to worry now about who hit whom first.</p>
<p>And my original point is that current Senators should have the opportunity to debate and approve rules.</p>
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		<title>By: Jordan Henderson</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254062</link>
		<dc:creator>Jordan Henderson</dc:creator>
		<pubDate>Sat, 06 Feb 2010 22:17:21 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254062</guid>
		<description>Craig,

Agreed, it&#039;s a pantomime if they don&#039;t actually debate.  Cloture was to allow debate to continue while there was still considerable opposition.  If they don&#039;t actually use it to debate, even if they read phone books or other nonsense, then it&#039;s being abused and maybe the rule should be amended.</description>
		<content:encoded><![CDATA[<p>Craig,</p>
<p>Agreed, it&#8217;s a pantomime if they don&#8217;t actually debate.  Cloture was to allow debate to continue while there was still considerable opposition.  If they don&#8217;t actually use it to debate, even if they read phone books or other nonsense, then it&#8217;s being abused and maybe the rule should be amended.</p>
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		<title>By: Craig</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254061</link>
		<dc:creator>Craig</dc:creator>
		<pubDate>Sat, 06 Feb 2010 22:06:51 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254061</guid>
		<description>I think what Senator Shelby is doing is pretty short-sighted and parochial, and it will probably come back to hurt him. 

I&#039;ve long suggested that the filibuster should be made into a true filibuster again. Debate should never be short-circuited, but now we have some stupid idea of a &quot;gentlemen&#039;s filibuster&quot; where the mere threat to filibuster is good enough to obstruct a bill. If the minority wants to filibuster, fine, but they are truly going to have to tie up the floor with talk and babble. The minute they stop, the vote proceeds.</description>
		<content:encoded><![CDATA[<p>I think what Senator Shelby is doing is pretty short-sighted and parochial, and it will probably come back to hurt him. </p>
<p>I&#8217;ve long suggested that the filibuster should be made into a true filibuster again. Debate should never be short-circuited, but now we have some stupid idea of a &#8220;gentlemen&#8217;s filibuster&#8221; where the mere threat to filibuster is good enough to obstruct a bill. If the minority wants to filibuster, fine, but they are truly going to have to tie up the floor with talk and babble. The minute they stop, the vote proceeds.</p>
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		<title>By: Jordan Henderson</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254060</link>
		<dc:creator>Jordan Henderson</dc:creator>
		<pubDate>Sat, 06 Feb 2010 22:04:25 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254060</guid>
		<description>I agree that both sides are being unbelievably hypocritical and even irresponsible, but did it begin with the Republicans saying no to everything or did it start with the complete lack of bi-partisanship on the part of the Obama administration, where Obama failed to advocate for a bi-partisan and open debate on important issues.  

From day one, the Republicans were locked out of all debate and their recommendations, like tort reform in Health Care, got no play in Congress.

Obama promised lots of openness and has failed to deliver.  Remember &lt;a href=&quot;http://www.whitehouse.gov/blog_post/update_on_sunlight_before_signing/&quot; rel=&quot;nofollow&quot;&gt;Sunlight Before Signing&lt;/a&gt;?  Remember &lt;a href=&quot;http://blogs.dailymail.com/donsurber/archives/2556&quot; rel=&quot;nofollow&quot;&gt;Health Care debate&lt;/a&gt; on CSPAN?

Recall that one of the criticisms of HillaryCare was that it was being crafted in backrooms with powerful lobbies present.  At least then, we knew who the players were.  With ObamaCare, we don&#039;t even know who was in the back rooms, except we know they didn&#039;t include Republican Congressmen.</description>
		<content:encoded><![CDATA[<p>I agree that both sides are being unbelievably hypocritical and even irresponsible, but did it begin with the Republicans saying no to everything or did it start with the complete lack of bi-partisanship on the part of the Obama administration, where Obama failed to advocate for a bi-partisan and open debate on important issues.  </p>
<p>From day one, the Republicans were locked out of all debate and their recommendations, like tort reform in Health Care, got no play in Congress.</p>
<p>Obama promised lots of openness and has failed to deliver.  Remember <a href="http://www.whitehouse.gov/blog_post/update_on_sunlight_before_signing/" rel="nofollow">Sunlight Before Signing</a>?  Remember <a href="http://blogs.dailymail.com/donsurber/archives/2556" rel="nofollow">Health Care debate</a> on CSPAN?</p>
<p>Recall that one of the criticisms of HillaryCare was that it was being crafted in backrooms with powerful lobbies present.  At least then, we knew who the players were.  With ObamaCare, we don&#8217;t even know who was in the back rooms, except we know they didn&#8217;t include Republican Congressmen.</p>
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		<title>By: John K</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254059</link>
		<dc:creator>John K</dc:creator>
		<pubDate>Sat, 06 Feb 2010 21:18:09 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254059</guid>
		<description>No doubt they enjoy taking turns at being unbelievably hypocritical. 

Even though only a third of the Senators are newly elected, &lt;a href=&quot;http://en.wikipedia.org/wiki/United_States_Congress#Sessions&quot; rel=&quot;nofollow&quot;&gt;every two years is considered a &quot;session&quot; of congress&lt;/a&gt; for both houses.</description>
		<content:encoded><![CDATA[<p>No doubt they enjoy taking turns at being unbelievably hypocritical. </p>
<p>Even though only a third of the Senators are newly elected, <a href="http://en.wikipedia.org/wiki/United_States_Congress#Sessions" rel="nofollow">every two years is considered a &#8220;session&#8221; of congress</a> for both houses.</p>
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		<title>By: Jordan Henderson</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254058</link>
		<dc:creator>Jordan Henderson</dc:creator>
		<pubDate>Sat, 06 Feb 2010 20:01:49 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254058</guid>
		<description>In the House, each Congressman is beginning a new term every 2 years, In the Senate, only a third of them are new. 

As I understand it, there is a procedure by which cloture could be eliminated that would avoid cloture itself.  The so-called &quot;nuclear option&quot;, so it&#039;s not as if the Senators are powerless to change it.   

Apparently, both sides like the rule.  Right now, with the Democrats looking at huge electoral losses in November, they are unlikely to vote away their veto rights.</description>
		<content:encoded><![CDATA[<p>In the House, each Congressman is beginning a new term every 2 years, In the Senate, only a third of them are new. </p>
<p>As I understand it, there is a procedure by which cloture could be eliminated that would avoid cloture itself.  The so-called &#8220;nuclear option&#8221;, so it&#8217;s not as if the Senators are powerless to change it.   </p>
<p>Apparently, both sides like the rule.  Right now, with the Democrats looking at huge electoral losses in November, they are unlikely to vote away their veto rights.</p>
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		<title>By: John K</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254056</link>
		<dc:creator>John K</dc:creator>
		<pubDate>Sat, 06 Feb 2010 19:38:19 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254056</guid>
		<description>Cloture is definitely not a constitutional issue. But the problem is that most of the present members of the Senate have never had the opportunity to determine the Senate rules, as the constitution requires. 

Most people would not consider that kind of tacit approval to be approval at all. It would be like telling the victim of a totalitarian regime that since they had not plotted to assassinate the Dear Leader, they must approve of their oppression.

As I understand it, the House votes to approve their rules at the beginning of each Congress. The Senate could do the same, but it would most likely take the whole 2 year term to get it to a vote. No doubt that would please Greg. ;-)</description>
		<content:encoded><![CDATA[<p>Cloture is definitely not a constitutional issue. But the problem is that most of the present members of the Senate have never had the opportunity to determine the Senate rules, as the constitution requires. </p>
<p>Most people would not consider that kind of tacit approval to be approval at all. It would be like telling the victim of a totalitarian regime that since they had not plotted to assassinate the Dear Leader, they must approve of their oppression.</p>
<p>As I understand it, the House votes to approve their rules at the beginning of each Congress. The Senate could do the same, but it would most likely take the whole 2 year term to get it to a vote. No doubt that would please Greg. <img src='http://crowhill.net/blog/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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		<title>By: Jordan Henderson</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254054</link>
		<dc:creator>Jordan Henderson</dc:creator>
		<pubDate>Sat, 06 Feb 2010 19:30:52 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254054</guid>
		<description>Unlike the House, the Senate has rotating members, so you could interpret their not bringing to a vote a change in rules assent to the present rules.

I don&#039;t think cloture is a constitutional issue.  They could keep it or drop it with no constitutional crisis.</description>
		<content:encoded><![CDATA[<p>Unlike the House, the Senate has rotating members, so you could interpret their not bringing to a vote a change in rules assent to the present rules.</p>
<p>I don&#8217;t think cloture is a constitutional issue.  They could keep it or drop it with no constitutional crisis.</p>
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		<title>By: Greg Krehbiel</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254052</link>
		<dc:creator>Greg Krehbiel</dc:creator>
		<pubDate>Sat, 06 Feb 2010 17:42:21 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254052</guid>
		<description>Maybe there should be a different standard for passing new laws and the old &quot;advice and consent&quot; required for confirmations. 

And I may have objected to such a thing in the part, but it seems to me there&#039;s a difference between &quot;if it was really unconstitutional they&#039;d have &lt;i&gt;changed&lt;/i&gt; it&quot; and &quot;if it was really unconstitutional we&#039;d have heard somebody complain before now.&quot; 

For example, the Department of Education is pretty clearly unconstitutional. They haven&#039;t changed it, but there&#039;s been plenty of talk about it.</description>
		<content:encoded><![CDATA[<p>Maybe there should be a different standard for passing new laws and the old &#8220;advice and consent&#8221; required for confirmations. </p>
<p>And I may have objected to such a thing in the part, but it seems to me there&#8217;s a difference between &#8220;if it was really unconstitutional they&#8217;d have <i>changed</i> it&#8221; and &#8220;if it was really unconstitutional we&#8217;d have heard somebody complain before now.&#8221; </p>
<p>For example, the Department of Education is pretty clearly unconstitutional. They haven&#8217;t changed it, but there&#8217;s been plenty of talk about it.</p>
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		<title>By: John Krehbiel</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254051</link>
		<dc:creator>John Krehbiel</dc:creator>
		<pubDate>Sat, 06 Feb 2010 17:11:47 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254051</guid>
		<description>Perhaps a partial solution would be to exempt confirmation votes. It&#039;s just too easy to keep the president from filling jobs. (any president, BTW)

But the thing is, each congress should get to approve its own rules. (and I seem to recall your objecting to my &quot;if it was really unconstitutional they&#039;d have changed it before&quot; argument once before ;-)</description>
		<content:encoded><![CDATA[<p>Perhaps a partial solution would be to exempt confirmation votes. It&#8217;s just too easy to keep the president from filling jobs. (any president, BTW)</p>
<p>But the thing is, each congress should get to approve its own rules. (and I seem to recall your objecting to my &#8220;if it was really unconstitutional they&#8217;d have changed it before&#8221; argument once before <img src='http://crowhill.net/blog/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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		<title>By: Greg Krehbiel</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254047</link>
		<dc:creator>Greg Krehbiel</dc:creator>
		<pubDate>Sat, 06 Feb 2010 16:49:30 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254047</guid>
		<description>If there was any chance that it was unconstitutional I&#039;m sure the Democrats would have been all over that. 

The constitution definitely intended the Senate to be the break -- to slow down the populist rantings of the House. But the 60 vote thing is just a Senate rule that could be changed. 

I don&#039;t want it to be. I wouldn&#039;t mind if they upped it to 75. Anything that prevents those bozos (in either party) from passing laws is probably a good thing. If it&#039;s really important, they&#039;ll be able to get 75 votes.</description>
		<content:encoded><![CDATA[<p>If there was any chance that it was unconstitutional I&#8217;m sure the Democrats would have been all over that. </p>
<p>The constitution definitely intended the Senate to be the break &#8212; to slow down the populist rantings of the House. But the 60 vote thing is just a Senate rule that could be changed. </p>
<p>I don&#8217;t want it to be. I wouldn&#8217;t mind if they upped it to 75. Anything that prevents those bozos (in either party) from passing laws is probably a good thing. If it&#8217;s really important, they&#8217;ll be able to get 75 votes.</p>
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		<title>By: John Krehbiel</title>
		<link>http://crowhill.net/blog/?p=7499&#038;cpage=1#comment-254044</link>
		<dc:creator>John Krehbiel</dc:creator>
		<pubDate>Sat, 06 Feb 2010 15:45:52 +0000</pubDate>
		<guid isPermaLink="false">http://crowhill.net/blog/?p=7499#comment-254044</guid>
		<description>OK, now I&#039;m going to have to get a new Irony Meter:

&lt;blockquote&gt;&lt;a href=&quot;http://www.nytimes.com/2010/02/06/opinion/06collins.html?th&amp;emc=th&quot; rel=&quot;nofollow&quot;&gt;Back then, it was Republicans who demanded change. “Far too many of the president’s nominees were never afforded an up or down vote because several Democrats chose to block the process for political gain,” complained — um — Richard Shelby.&lt;/a&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>OK, now I&#8217;m going to have to get a new Irony Meter:</p>
<blockquote><p><a href="http://www.nytimes.com/2010/02/06/opinion/06collins.html?th&#038;emc=th" rel="nofollow">Back then, it was Republicans who demanded change. “Far too many of the president’s nominees were never afforded an up or down vote because several Democrats chose to block the process for political gain,” complained — um — Richard Shelby.</a></p></blockquote>
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