By Peter Certo
The American political system is complicated, but fixing it doesn’t have to be.
Voters of all stripes broadly agree on the kinds of changes they’d like to see. We need less money in politics. It should be easier to vote — early, in person, or by mail. And voters should be able to pick their own representatives, not the other way around.
The For the People Act, which passed the House earlier this year, would do all of these things. It includes new ethics rules for members, protects and expands the right to vote, and would restrict the extreme partisan gerrymandering that’s become commonplace. No wonder it’s popular — around two-thirds of Americans tell pollsters they support it.
It’s also, for now, doomed. And with a wave of voter suppression laws, new gerrymandering schemes, and ongoing efforts to discredit the 2020 election results still underway, that’s a very dangerous development for our democracy.
Explaining why reveals some truly absurd things about our system. For one thing, the law just “failed” by a party-line Senate vote of 50-50 — 50 Democrats for, 50 Republicans against.
Ordinarily, 50 votes should be enough to pass something in the Senate when the vice president supports it, as Kamala Harris does. But thanks to an arcane Senate tactic called the filibuster, opponents of legislation can force supporters to come up with 60 votes, instead of a simple majority.
It gets even more absurd when you realize that those 50 Democrats represent over 40 million more Americans than those 50 Republicans. And with the filibuster, Republicans representing just 20 percent of us can easily stop legislation that overwhelming majorities support.
The filibuster is how Republicans are holding up everything from universal background checks on gun purchases to popular laws that would protect the environment, the right to form unions, or now voting rights.
Republicans are champions of the filibuster now, but it was only a few years ago that they weakened it so they could pack the Supreme Court with unpopular nominees like Brett Kavanaugh, who was credibly accused of sexual assault.
Meanwhile, in states across the country, filibuster-free Republican legislatures are pushing hundreds of laws that will make it much harder to vote — or even, in some cases, let those same lawmakers overrule decisions made by voters.
Now that they’re in power, the Democrats could get rid of the filibuster. Hundreds of historians and political scientists, alarmed by the state-level onslaught against democracy, have warned that they’ll need to do just that. So too have hundreds of faith, labor, voting rights, and environmental groups.
Kill the filibuster and pass the For the People Act, they urge, or our democracy may not survive.
But a small number of Democrats — notably Senators Kyrsten Sinema (D-AZ) and Joe Manchin (D-WV) — have steadfastly refused. In high-profile op-eds, they’ve called the filibuster essential to democracy and bipartisanship.
These claims are absurd. Plainly, the filibuster is enabling an extremely partisan assault on our democracy. If you commit to bipartisanship with a party that’s waging an all-out war on democracy, the only bipartisan thing you’ll win is its demise.
For now, pro-democracy groups are stepping up their pressure campaigns.
The Poor People’s campaign is marching on Manchin and Senate GOP leader Mitch McConnell. Others are targeting the Senate’s Democratic leaders, who are only in power because an extraordinary mobilization last year helped them win the Senate despite the map being tilted toward Republicans by over 40 million people.
But the truth is, the movements and the voters have done their part to protect our democracy. If senators don’t do theirs, they may well deserve to lose — but not if they take our democracy with them. Tell your senators: End the filibuster, pass the For the People Act.
Peter Certo is the editorial manager of the Institute for Policy Studies and editor of OtherWords.org
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Justsayin says
I am old enough to remember just a few short years ago the same people complaining were all for the filllibustet . As usual, if you don’t agree with liberals, your the obstructionist. Nothing new here.
Greg says
That statement is total crap. It has worked fine for 200 years.
oldtimer says
The filibuster has been used by BOTH parties for years, now all of a sudden because Biden can’t ram his agenda thru it needs to be overhauled? Why now?
Sherry says
Great analysis from the Brennen Center for Justice:
During the Obama administration, Senate Republicans took obstruction to a new level, using the filibuster more than ever in history. But the use of the tactic had been climbing even before Obama became president, prompting recent presidents of both parties to use executive orders and other administrative tools to circumvent Congress. The Senate is already minoritarian because of the over representation of small and rural states in the body. For example, California, with 39 million people, gets two senators in Washington, the same as Wyoming, Vermont, and Alaska, each of which is home to fewer than a million people. By 2040, given projected population growth, two-thirds of Americans will be represented by just 30 percent of the Senate. Given that the executive branch has increasingly moved away from legislative initiatives because of Senate obstruction, the filibuster continues to undermine a real democracy.
Today, our country has urgent needs. The struggle for democracy and racial justice must be at the heart of our politics. Chief among these goals must be repair of our democratic systems, which, this pandemic has revealed, are so evidently in need of renewal. Millions of Americans are calling for major reforms to ensure our democracy continues to function — overhauling our elections, creating stricter ethics rules for elected and appointed officials, limiting the poisonous influence of money in politics, and ensuring that voters choose their elected officials rather than the reverse. These reforms will make our institutions responsive to the popular will.
Under current Senate rules, however, a minority can stymie efforts to fix our broken system. Not slow those reforms, not deliberate, not debate, but simply block them. For that reason, democracy advocates and their elected champions must demand that the filibuster be eliminated. If we are to take the steps that are urgently needed to save our democracy, we at long last must abolish the filibuster.
MikeM says
Oh please. Dems can’t ram their agenda through so the system must be broken ? Get real. The can’t get their agenda through because their ideas only benefit the big population cities at the expense of the rural areas. Believe me if and when the Republicans take over again, you will wish you had the filibuster. It just doesn’t work for your side at the moment.
James M. Mejuto says
I always thought ‘Mr.Smith Goes To Washington’ was just the vehicle the American people need to rally
support for a Constitutional Congress. Along the way I got sidetracked, doubting my beliefs regarding people’s
representative gov’t .
I have come around to another conclusion: Congress’ evil retribution has finally come around to me: I
have reservations and thought deeply about them but I must say McConnell’s mob will once again gain control of
the Senate as will the democrats, their turn to devour!
The battle is not with the Filibuster or Voting Rights but with the Speaker, McConnell.
James M. Mejuto
Fredrick says
@Sherry… First get your facts straight…. Democrats used the filibuster 314 times when Trump was president for 4 years, compared to Republicans who used it 175 times in the 8 years of the Obama term. YOU HAVE BEEN FACT CHECKED AND GET 4 PINOCCHIO’S…. https://www.westernjournal.com/david-harsanyi-democrats-used-filibuster-314-times-trump-now-want-abolish/ and regarding your comment “The Senate is already minoritarian because of the over representation of small and rural states in the body. For example, California, with 39 million people, gets two senators in Washington, the same as Wyoming, Vermont, and Alaska, each of which is home to fewer than a million people. ” You do understand why the Senate is set up that way and the house is not don’t you? Or am I making a bad assumption…. If you don’t, get it please go back to high school civics class. OMG… You can not make this shit up. No wonder the left does nothing but spin in circles.
I know that mean old orange man with mean tweets still lives rent free in your head but come on….
Sherry says
@ Frederick. . . “I” never said anything about the # of filibusters in the Obama years vs the trump years. . . and, neither did my post from the Brennen Center for Justice. The poison inside you that causes such angry hate filled outbursts should not be taken lightly. Some counseling may be of great value to your well being, Sir.
Thank you, though, for providing even more evidence for why it may be time for the Senate to reform or remove the “filibuster” rules. Obviously, regardless of which party “abuses” those rules, it keeps that Congressional body from getting important decisions made and legislation passed for the American people.
Wishing you peace and hopes for finding inner love, Frederick.
Fredrick says
@Sherry … You wrote… “During the Obama administration, Senate Republicans took obstruction to a new level, using the filibuster more than ever in history.” Your anger at the mean old Orange man has taken over.
Sherry says
James Mejuto. . . what an excellent point! McConnell “the great obstructionist” is the real problem here. The Democrats certainly need to do all in their power to replace him!
Sherry says
@ Frederick. . . read my post again. . . I merely pasted text from an article from the Brennen Center for Justice.
Where “they” quite correctly stated. . . in historical context. . . that “During the Obama administration. . . Senate Republicans took obstruction to a new level, using the filibuster more than ever in history.”
I wish you well, but you are way off base in your vicious attack against me.
A “sincere” apology is in order here, and would be appreciated. . . but, would be surprising, to say the least. . . considering the source.
Max says
I fully support the filibuster. The Senate is supposed to be a “cooling plate” for anything radical that comes out of the house .. especially in times of such political polarization. If a bill is being obstructed by the other party, then there is probably something in that bill that is not good for all sides and needs to be worked out.
I am proud of Democrat Joe Manchin for staying the course.