The Constitution never contemplated the filibuster and a 60-vote supermajority for most legislation to pass in the Senate. It did explicitly include supermajority vote requirements for a small number of actions including conviction on impeachment charges, expelling a member of Congress, overriding presidential vetoes, ratifying treaties and adopting proposed constitutional amendments.
The filibuster is an artificial contrivance envisioned as an exceptional tool to give the minority an opportunity for extended debate and a higher threshold to end debate for extraordinarily important legislation. Unfortunately, over time it has been simplified, made easier to invoke and become normalized as a means of obstruction. As a result, the Senate has fundamentally transformed into a 60-vote institution, leading to regular gridlock.
That said, the filibuster also remains a valued tool of the minority, and its elimination would enable simple passage of sweeping legislation — a permanent disadvantage to the minority. This is something neither party wants, as they know that they will at some point inevitably find themselves in the minority.
Short of elimination, which appears unlikely, the filibuster should be modified to flip the burden from the majority to the minority. Instead of 60 votes required by the majority to end debate, the procedure could require 40 votes by the minority to continue it. If at any time the minority cannot muster 40 votes, debate ends, and the bill can be passed by the votes of a simple majority.
Under this scenario, if the minority party filibustered a piece of legislation, the majority would keep the Senate in session and require most of the minority Senators to be present at all times for debate, and ready on short notice to vote for debate to continue. As this could go on for an extended period of time, it would serve as a considerable deterrent to today's obstructionism. Minority interests would be preserved, ample debate would be ensured, with more timely cloture and final vote.
David Pederson, Excelsior
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Sen. Mitch McConnell's comment on the filibuster debate ("Senate reaches shaky power sharing truce," Jan. 27) was so disingenuous I shake my head. "They would guarantee themselves immediate chaos," he said. "Destroying the filibuster would drain comity and consent from this body to a degree that would be unparalleled in living memory." Comity and consent went out the window when Merrick Garland was blocked nearly a year before former President Barack Obama's term ended. That was pure power politics and a poke in the eye to the president the GOP so disliked. Now just watch the power politics in Congress attempting to block all of President Joe Biden's initiatives. Comity and consent, my foot.
Harald Eriksen, Brooklyn Park
IMPEACHMENT
Please convict that man
In reading "Senate rift grows deeper over trial" (Jan. 25), I was struck by one sentence that illustrates the tragic depths to which some Republican legislators have descended as they oppose "even the idea of a trial." The article notes that senators "weighed whether they would pay a steeper political price for breaking with [former President Donald] Trump or for failing to." Where is the commitment to their oath of office? Is their loyalty only to themselves, their political party and their re-election prospects?
To fail to hold Trump responsible for his egregious transgressions of civility, truth and our Constitution will only embolden future candidates to do the same. He must be subject to trial and hopefully to conviction. I believe the integrity and future of our democracy depends on it.