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Blame Reid, Not Republicans, for ‘Obstructionism’

We’ve all heard the complaint: Republicans are the “Party of No.” But the GOP’s historic number of filibusters is the only viable response to Sen. Harry Reid’s unprecedentedly authoritarian rule of the Senate. Senator Reid has blocked the minority from amending bills more than any Senate majority leader in history — and more times than the last four Senate majority leaders combined.

How does Senator Reid do this? He uses his right to be recognized first by the chair to offer just enough amendments to bills to block any further amendments. These amendments are usually meaningless, like changing a word or a date, but they effectively block the minority’s opportunity. This is a clear abuse of the spirit, if not the letter, of the Senate’s rules, and that is one reason why we have witnessed Republicans’ frequent use of the filibuster.

To understand this phenomenon, consider this analogy: I am Senator Reid and you are Senator McConnell. We want to build a house together. I will put in 60 percent of the money and you will contribute 40 percent. Since I have majority ownership, it’s only fair that I have more say over the design, but you should have a say in some parts of the house, at least.

But what if I choose everything that goes into the house without regard to your wishes? You will have a small, dark basement bedroom and I will have a spacious and sunny master suite. The house will be painted a color you hate. Despite your repeated entreaties to have some input into the house’s design, I am prepared to ignore your wishes and build the house exactly as I like it.

You have only two choices: accept the house I design, or withhold your money and refuse to build the house with me. Wisely, Senator McConnell and his Republican colleagues have withheld their money.

This week, Sen. Susan Collins, a moderate Republican from Maine who is accustomed to working across party lines, signaled that she could vote for cloture on the Defense Authorization bill if Senator Reid would just permit Senate Republicans the opportunity to offer 15 amendments to the bill and four days to debate it — a reasonable request, especially since historically debates on the massive defense bill last two to three weeks and involve scores of amendments.

Reid refused. He knew that, given the opportunity, some Republican amendments would pass. Rather than risk letting the minority make changes to the bill, he presented to Republicans a take-it-or-leave deal. By a vote of 57 to 40, cloture failed.

Consider that the defense bill held two key Democrat priorities: taxpayer funding of abortions on military bases and repeal of “Don’t Ask, Don’t Tell.” Also consider that Congress has never failed to pass a Defense Authorization for the last 48 years.

But no matter. It was Reid’s way or the highway. In response, Minority Leader McConnell and his team refused to supply the few votes needed to get to 60.

The media and liberal pundits are screaming about Republican obstructionism. Yet they ignore the fact that this is the only viable response to Democrats’ autocratic and ahistoric governance of what was once the world’s most deliberative body.

With 47 Republicans in next year’s Senate, Reid will again have to choose: govern or grandstand. If he chooses the latter, Republicans will rightly stymie his plans, gridlock will continue, and Republicans can expect to make more electoral gains in 2012.

But Reid is contemplating a third option: change the Senate rules to water down or eliminate the filibuster. This would be a short-term solution that would be to the long-term detriment of the nation. Sen. Chris Dodd, the outgoing liberal Democrat, eloquently argued this point in his farewell speech on the Senate floor on November 30, 2010:

The history of this young democracy, the Framers decided, should not be written solely in the hand of the political majority. In a nation founded in revolution against tyrannical rule, which sought to crush dissent, there should be one institution that would always provide a space where dissent was valued and respected. . . . Our Founders were concerned not only with what was legislated, but, just as importantly, with how we legislated.

If Senator Reid wants to pass legislation, he can changes his ways and let the Senate be the Senate, providing an open and fair debate. Or he can stay the course, refusing to let the minority have a voice, and see gridlock ensue. The choice is Reid’s.

Bill Wichterman is a former special assistant to Pres. George W. Bush and former policy adviser to Senate Majority Leader Bill Frist.

New on The Corner. . .


COMMENTS   15

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KW
   12/13/10 07:44

What does it take to change the Senate rules?

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   12/13/10 08:00

It would have been fun to hear Sen. Byrd railing against changing the rules he helped put in place.

The problem in Congress is that "Each House may determine the Rules of its Proceedings" has turned into "Each House may ignore the rest of the Constitution".

There is no excuse for filibustering judicial or any other nominees, yet the same people like Reid who claimed it would destroy the country if they couldn't filibuster Bush nominees now think a simple majority should suffice for passing thousands of pages of bills that have not been reviewed in committee nor debated on the floor - nor even read by anyone except the lobbyists and staff who wrote them.

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cehwiedel
   12/13/10 08:29

Whoa! "[Reid] uses his right to be recognized first by the chair to offer just enough amendments to bills to block any further amendments. These amendments are usually meaningless, like changing a word or a date, but they effectively block the minority’s opportunity." Wonkery foul! Please explain! Under current Senate rules, is there a (hard & explicit) limit on the number of amendments that can be offered when a bill is sent to the floor?

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   12/13/10 08:41

Thank you for explaining this Mr. Wichterman. I understand the very basics of congress but the inner working remain a mystery that I do not have the time to figure out.

I don't often post comments, especially sites other than here. I was reading a liberal newspaper site one day (can't remember which one) and was reading the comments following. Many of the commenters were adamantly complaining about how the republicans are the awful "party of no". I couldn't resist and asked these commenters if republicans had control of Congress and were pushing through ultra conservative laws if they wouldn't be thrilled that the democrats were the "party of no". While I got quite a bit of banter back and forth, not one commenter answered my question.

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   12/13/10 09:09

For this lame duck session, gridlock is the best possible outcome. Even in the next Congress, gridlock can be a useful tool to contain Obama.

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Bill Smith
   12/13/10 09:22

Good thing we didn't get Sharon Angle for Senator from Nevada!

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LAG
   12/13/10 10:35

Is there a source for the Reid obstructionism? I have made that point myself but have not been able to document it in one simple location.

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   12/13/10 11:21

To all those who said how horrible Sharron Angle would be and that she was stupid and a horrible candidate and would be a terrible senator - glad you didn't support her?

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Ogrepete
   12/13/10 13:44

Those who question those who questioned Sharron Angle should be looking elsewhere.

Why didn't Republicans have any money for GOTV efforts in Nevada and Colorado that could have netted us Conservatives two more Senators in January?

It wasn't because Conservatives didn't like Sharron Angle, IMHO.

Sharron Angle supporters should be looking for the missing GOTV operations to scapegoat, not Sharron Angle questioners.

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   12/13/10 13:58

You know, I'm totally ok with being the Party of No. I really don't want my legislature doing anything most of the time.

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larrytex56
   12/13/10 14:54

Generally, I would say the people of Nevada got what they richly deserve when they re-elected this numbskull Reid. But because they have foisted him on the rest of us, special filibusters should be reserved for any legislation that benefits Nevada, whether directly or indirectly. Then they will learn the costs of their votes.

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ICH
   12/13/10 19:11

The state of Nevada is feeling the effects of my one person boycott of their state. I encourage others to do the same, until they vote this nut case out of office and back to his roots. Any warm weather event can be held in Arizona which at least has the courage to attempt to bring some sanity to the table.

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Ogrepete
   12/13/10 19:37

I agree with nickj about being okay with Congress not getting anything done most of the time.

The problem is when my guys/gals get painted as the Obstructionist Party and most Americans feel like there are some very serious things that need to be changed (Health Care, income tax laws, etc.) and Conservatives get SUCCESSFULLY painted as the guys who don't want any changes.

We need to be selling/advertising what we would do, if we had the power to do it.

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Apt604
   12/14/10 15:19

This is bunk. The amendment process for the financial reform bill was wide open, and Republicans still filibustered. I'm no fan of Reid, but you can't complain about him blocking amendments when you're filibustering a motion to proceed.

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Lib
   12/15/10 06:43

Makavic,

No, liberals would not be thrilled if a republican majority were forcing through ultra-conservative bills. But let's consider what bills liberals are ACTUALLY proposing that are getting filibustered. Health care for 9/11 responders. A repeal of DADT that large majorities of both the American public and military support. Are these really "ultra-liberal" proposals?

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