Frist's gonna have mah legs broke

In two separate Slate articles--one advocating to keep the filibuster and another explaining various stalling tactics employable by the minority to throw a wrench in majority steam rolling in the event that a democratic filibuster is deemed unconstitutional by [uh oh] Dick Cheney--we get a good look at how uncivilized and combative our legislative process is.
Holy shit I don't know why I used the word uncivilized. More like divisive . . . which is a synonym of combative . . . damn.
It's trench warfare and there's always tons of the collateral damage of real change suffered for the sake of politicking, always with the justification that if enough effective politicking is done, the party you like will eventually have the power to affect real change.
So where is the real change?
Wouldn't it be better if, instead of two parties slogging it out, the majority imposing upon the minority and the minority scrapping to deflect those plans with guerilla parliamentary procedure, we found a way to include more [ideological] diversity in our lawmaking body. That would, hopefully stimulate the gradual move toward a representative government that truly represents its constituency [I'm arguing here for stronger hardline parties, strangely enough] and a legislature whose makeup is less likely to include a true majority for any one party.
Even if conservatives, as it were, in their many parties, still comprised a majority, they would be forced, if they hoped to accomplish anything, to create coalitions a la European parliaments. Having to parley and appease the hardline parties in lawmaking would do two things, force real dialogue between members of a specific ideology [conservatism lets say, broad a category as that is]. This would lead to concessions for minority groups in exchange for vital votes and also give members of the ruling party pause [is our bill worth these concessions? Do these concessions destroy the bill's intent?].
It even allows, given sufficient support, for the sidestepping of the ruling party altogether. Though this is probably rare given that the ruling parties are usually fairly moderate and would thus require lions laying down with lambs, it could nonetheless serve as a vital check on a particularly abusive hegemony.
That seems so much better than the polarized quagmire we have now.
But the one thing the dominant parties in America do agree on is that they should remain dominant. With that kind of concord, the filibuster is absolutely necessary.
7 Comments:
Luke,
There you go being rational again. Stop it. Stop it at once. You're going to have people THINKING...we can't have that!
- t
Fine post. Yet I am a bit puzzled. Does the filibuster prevent the dominance of a party or their legislation.
My opinion rests with someone who said it better than I could: "The majority party shouldn't get to be tyrants, but they should get to be legislators" -- J. Cohn, The New Republic
Let me add: I really like this blog.
G.W.
Excellent point GW,
I'd say that the dominance of a party is directly related to the legislation they pass.
China's one-child-only law is proof of the overwhelming dominance of the pseudo-maoist regime in power, though that's obviously a special case.
A good follow-up question to yours is, if a minority party could use the filibuster to effectively block any and all legislation, why not do it?
Because there are political consequences to doing so and the political landscape in the kind of states that have given republicans their majority [not the hotbeds, but the places that are likely to elect a repub one term and a dem the next] are sufficiently fluid that power could easily transfer.
Another way it's dangerous is that it's a stall tactic that the general population recognizes as such. If the filibusterers don't make a good case for why they are doing it, then they risk being painted as contrarians and defilers of the process.
I mean these are filibusters of 12 judges out of something like 130.
We know those 130 or whatever were going to be conservative, I'd wager that these 12 are so conservative as to be deleterious to the process.
I haven't researched them myself, but I want my judges to both have an eye to the constitution itself while realizing also that there are modern realities the constitution never bargained for.
Really, an argument can be made that the constitution had nothing to say about segregation laws either. A person that would make that kind of argument [and correllary arguments against other violations of minority rights] needs to be kept out of the judiciary for obvious reasons.
I'd say that the dominance of a party is directly related to the legislation they pass.
Hmm ... I'm intuitively suspicious of this thesis, but I don't understand exactly what you mean. The content of the legislation? The percentage of legislation they can pass? Bill's per minute?
Content.
If the repubs are able to pass a mandatory assault weapons bill, putting a grenade launcher in every classroom, that is proof of their dominance over not just Demos, but their [non-insane] moderate republican colleagues.
Because of GW and Mike's questions, which are good, I think I'm going to blog about this again, more indepth.
I would just like to let you all know that Priscilla Owens and especially Janice Rogers Brown are insane. I can't even comprehend why Bush nominated them again.
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