Back in 2016, as the Obama Administration was coming to a close and before the country experienced the trauma of the Trump Administration, I did a post that urged then Vice President Joe Biden to exercise an important duty of the Vice President -- i.e. issuing an advisory opinion about internal Senate procedure. As the old saying goes in politics, "What goes around comes around." So here we go again debating whether we should once again change the filibuster rule in the U.S. Senate.
Although Minority Leader Mitch McConnell (R-KY) now claims a change would ruin the integrity of what was once considered “the world's greatest deliberative body,” both parties have changed this Senate rule before when it suited their political ambitions at the time. As the rule has been chipped away, misused, twisted and distorted in recent years, maybe it's time to put it to bed or develop a workable replacement. As it currently stands it is one of the most destructive and divisive components of Congressional decision-making. It has led to an untenable and undemocratic trend of roller coaster governance by Executive Order. It is not a Constitutional requirement; it is simply a Senate rule that may be changed by a simple majority vote of the Senate. Unfortunately, V.P. Biden did not follow up on my request, but it still seems timely. So I'll pass it along again.
July 12, 2016
V.P. Biden Could Lead Gridlock Reform
An Open Letter To Vice President Biden
Mr. Vice President, now is the time for you to
exercise one of your important duties.
Dear Mr. Vice President,
The Brennan Center
I am writing to you to remind that you are in a very unique position at a critical point in our nation’s history to issue an historic Advisory Opinion on internal Senate procedures that could be a highlight of your legacy and a manifesto to challenge and guide the future operations of the United States Senate.
First of all, as President of the U.S. Senate you are in the foremost position to issue such a manifesto. Secondly, your 36 year career as an active U.S. Senator, combined with nearly 8 years as Vice President and Senate President, has given you a perspective unmatched by any individual. Thirdly, your apparent retirement from elected office, gives you a credibility and neutrality which is necessary to speak on a controversial issue that demands bipartisanship, yet defies resolution because of its powerful political scope that benefits both major political parties. Finally, as the Obama Administration draws to a close and a new Presidency has yet to be decided, and a new Congressional session looms, the timing could not be better to set the stage for a new era Senatorial reform.
As you and all Washington , DC
Some will argue that such changes require a two-thirds vote of the Senate, but that argument has been dispelled by both Republicans and Democrats.
Again, citing the Brennan Center
Without going into the details of these extreme extra-parliamentary practices that both parties have self-imposed on House & Senate procedures, it is these very practices that have led, in large part, to the current dysfunctional government and the increasing public unrest.
It is my opinion that if you dig deep into the search for solutions you can find it in the simple concept of "majority rule." For the last several decades inside political manipulation by both parties has undermined this basic concept, and as a result given rise to a devilish concept of "minority rule." This nightmarish concept defies compromise and feeds on government stagnation, obstruction and inaction on increasingly perplexing problems and issues that demand action -- that's why the public is mad – that’s why they have lost their trust and respect for government.
Not only do these practices grind decision making to a standstill, but they allow for increased leverage for lobbyists and moneyed influences. These practices are the "demons of democracy" and have led to the public’s perception that Congress is basically useless as a governing body – e.g. approval ratings less than 10%.
As Thomas Jefferson pointed out way back in 1809, "Where the law of the majority ceases to be acknowledged, there government ends, the law of the strongest takes its place, and life and property are his who can take them." He also said, "All... being equally free, no one has a right to say what shall be law for the others. Our way is to put these questions to the vote, and to consider that as law for which the majority votes."3
The “demons of democracy” have so distorted the democratic process envisioned by the Founders and the Constitution, as to make it unrecognizable. No elected President (Democrat, Republican or Independent) can achieve their stated or envisioned goals for the country because of these constraints. The result is that the majority public and winning candidate are denied any opportunity to see their vision actually implemented.
We must have trust in the majority rule system as it may not always deliver the results that we, as an individual, envision; however, if decisions are really bad, the majority corrects itself by changing direction. The founders believed in the concept of majority rule and we have now drifted away from that cornerstone.
Mr. Vice President, your leadership on this vital issue at this critical time can help turn the tide of what is becoming a dangerous decline in the public’s belief in our democratic form of government and our political leaders from both major parties. . .
Please use your position, experience and authority to address these critical issues in an Advisory Opinion on internal Senate procedures.
