Open Letter to Members of the U.S. Senate in the Upcoming 113th U.S. Congress

As a Christian and a citizen of the United States and Minnesota and a Democrat, I address these comments to all members of the U.S. Senate in the upcoming 113th U.S. Congress.

First, congratulations to everyone who was elected or re-elected on November 6, 2012! And congratulations and thank you to those who will continue to be members of the Senate. You all know that you have serious obligations to “We the People” of the U.S. as well as to the citizens of your own states.

Second, when you convene in early January 2013, I plead with you to adopt new rules by a simple majority vote and shake off the “dead hand of history” practice that the Senate is a continuing body with continuing rules and that those rules (XXII (2)) require a two-thirds vote to amend the rules, including the rule on cloture or filibuster. Those new rules should abolish the filibuster.[1]

In this regard, I am pleased that at least the following Senators-elect have made statements favoring some kind of changes to the filibuster rule:

    • Angus King (I) Maine – “The Senate’s recent overuse of the filibuster has stalled progress on practically every issue of importance in America. The 60-vote requirement that it creates is not in the Constitution.”
    • Maria Cantwell (D) Washington – “I’m not going back to the United States Senate to salute stalemate.”
    • Tammy Baldwin (D) Wisconsin – “There have been a number of proposals that say you start with a 60-vote threshold, and maybe after a month, it is lowered — until a point that after a matter has been pending in the Senate for a very long time — where everyone has had adequate opportunity for input — the threshold needed to move forward would be a simple majority.”
    • Martin Heinrich (D) New Mexico – co-sponsored house measure to force reform in the Senate in 2010.
    • Mazie Hirono (D) Hawaii – “Washington is indeed broken and part of the problem is the misuse and abuse of the filibuster in the U.S. Senate. Senator Tom Udall has proposed several ways in which the filibuster could be reformed that I believe warrant further discussion including: eliminating secret holds and requiring Senators that use the filibuster to stay on the Senate floor during a filibuster. These proposals could potentially bring transparency and efficiency to the Senate and help increase the public’s confidence in Congress”
    • Tom Kaine (D) Virginia – “A filibuster has had a venerable historical purpose, and the 60 votes to overcome a filibuster, I would leave that where it is. But I would make anybody who filibusters anything to have to stand on the floor of the Senate, and stand up and say, ‘This is why I’m acting to block … whatever’s going on.’ Because at the end of the day, the American public ought to be entitled to know whether the filibusterer is like Jimmy Stewart in ‘Mr. Smith Goes to Washington,’ or just an SOB who wants to stand in the way of progress, you know?”
    • Chris Murphy (D) Connecticut – “The filibuster is in dire need of reform. Whether or not it needs to go away, we need to reform the way the filibuster is used, so it is not used in the order of everyday policy, but is only used in exceptional circumstances.”
    • Elizabeth Warren (D) Massachusetts – “We need to reform the filibuster, beginning with a requirement that anyone who wants to stop the people’s business must go out onto the Senate floor and actually filibuster, live and in person, so that the American people see precisely who is creating gridlock.”

In addition, Senator Harry Reid, the current Majority Leader, said at a November 7th press conference that filibuster reform will happen in the new Congress. Reid is not proposing to eliminate the delaying tactic — which requires 60 votes and days to overcome. But he is proposing some modifications — most notably to eliminate the possibility of filibustering efforts to begin debate on legislation. “I think that the rules have been abused and that we’re going to work to change them,” Reid said. “We’re not going to do away with the filibuster, but we’re going to make the Senate a more meaningful place, we’re going to make it so that we can get things done.”

Third, I urge the Democrats and the Republicans to elect new leaders. Senators Reid and McConnell should be congratulated for their service in this capacity, but new leaders perhaps would make it easier to effectuate better bipartisan cooperation. It might also be useful in this regard if two of the 20 female Senators in the next session became leaders of their parties.

Fourth, all Senators should remember that power and fame are fleeting. Don’t overplay your hand!

[1] I have written many posts about the filibuster and the need for its abolition or severe restriction.

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

2 thoughts on “Open Letter to Members of the U.S. Senate in the Upcoming 113th U.S. Congress”

  1. Comment: New York Times Calls for Significant Weakening of Filibuster Rule # 343A—11/13/12

    The Times in an editorial says that at the beginning of the next session this coming January, the Senate by a simple-majority vote should substantially weaken its filibuster rule.

    The editorial endorses a proposal made last year by Senator Tom Udall of Arizona and Jeff Merkley of Oregon that “would require 10 signatures to start a filibuster and would then force an increasingly large group of members to speak continuously on the floor to keep it going. Senators could not hide in cloakrooms but would have to face the public on camera to hold up a judge’s confirmation, a budget resolution or a bill.”

    Editorial: A New Chance for the Senate, N.Y. Times (Nov. 12, 2012), http://www.nytimes.com/2012/11/13/opinion/a-new-chance-for-the-senate.html?ref=opinion&pagewanted=print

  2. Comment: Senator-Elect Elizabeth Warren Calls for Changing Filibuster Rule

    Warren says her recent election showed that “voters want political leaders who are willing to break the partisan gridlock. They want fewer closed-door roadblocks and more public votes on legislation that oculd improve their lives.”

    “On the first day of the new session in January, the senators will have a unique opportunity to change the filibuster with a majority vote rather than the normal two-thirds vote.”

    Therefore, she is “joining Senator Jeff Merkley and six other newly elected senators to pledge to lead” this effort.

    CONGRATULATIONS, SENATOR-ELECT WARREN!

    Warren, The First Week in January, Huffington Post (Nov. 15, 2012),

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