Kerby Anderson

The latest confirmation hearings for cabinet secretaries and a future confirmation hearing for a Supreme Court nominee illustrate why the Senate needs to reform the filibuster. Representative Tom McClintock explains how to do this in the January issue of Imprimis.

The framers intended that the Senate would be a deliberative body where legislation would be debated with great care. Unfortunately, the Senate rules now allow a smaller minority to stop just about any legislation or confirmation. Back in 1917, the Senate adopted a cloture rule that could end debate by a two-thirds vote, which was later changed to three-fifths. Even with this new rule, filibusters were rare: barely one per year.

The big change occurred in 1970. There have been more than 1,700 filibusters in the last 46 years. Why? Senate Majority Leader Mike Mansfield instituted a “two-track” system that allows the Senate to bypass a filibustered bill and go on to another. This relieved senators from having to talk through the night. No longer did senators have to talk about the bill, they merely had to find 40 senators who would not invoke cloture. They didn’t have to even debate the merits or deficits of a bill or a cabinet officer or a judicial candidate.

Today the U.S. Senate is where bills passed by the House of Representatives go to die. That is why the previous president talked about “his pen and his phone.” That is why this president is signing executive orders. It also why we have so much legislative gridlock, brought about by a minority of U.S. senators.

The Constitution requires a super-majority for constitutional amendments, impeachment, and overriding a veto. It should not apply to passing legislation or confirming people to the cabinet or federal judiciary. It is time to reform the filibuster.