Demanding a federal budget that is fair, responsible, and meets our nation's priorities

Monday, December 03, 2007

The Filibuster and Fiscal Policy

An article in yesterday New York Times, How the Filibuster Became the Rule illuminates the role of the rule in frustrating the efforts of a majority in Congress to complete work on the FY 2008 budget, which appears to have ground to a halt. A filibuster is a legislative tool to speak or debate on the floor or threaten to do so until there are enough votes -- 60, under U.S. Senate rules -- to invoke "cloture," bringing the debate to an end and allowing a vote on the underlying bill.

Senate rules allow filibusters and the efforts to overcome them are being used more frequently, and on more issues, than at any other point in history... The filibuster and the cloture motion will likely be employed even more as the Senate returns from its Thanksgiving recess on Monday to face a jam-packed calendar, motivated by the need to pass crucial annual budget bills to avoid a government shutdown.

A party with as few as 41 Senators and sufficient unity can stymie the majority's efforts to perform Congress' only constitutionally mandated responsibility: to provide the federal government with an annual budget, and the money to execute its laws.

A Senate minority leader couldn't be expected to claim credit for such a fiscal catastrophe. Instead, Sen. Mitch McConnell (R-KY) says, "Congressional Democrats have neglected their duty on the 12 spending bills... and they're also about to slap millions of Americans with a middle-class tax hike better known as the A.M.T.," wiping his fingerprints off the current budget deadlock -- even though he knows the Democratic-controlled House has passed every single one of the twelve spending bills in this year's budget, as well as another bill to prevent "a middle-class tax hike better known as the A.M.T." Six of these bills are still stuck in the Senate.

McConnell's too modest to claim credit for the current fiscal stalement... or responsibility if there is a government shutdown. But would he forswear the filibuster for the forseeable future for the sake of fiscal responsibility? "I think we can stipulate once again for the umpteenth time that matters that have any level of controversy about it in the Senate will require 60 votes."