This just in: The filibuster, in the senate, allows debate to be stopped on ANY legislation unless 60% of the members agree to it. This is because it takes 60% to override a filibuster which is essentially a “stop sign” when it comes to moving legislation forward. The downside is that 41% of the senate can stop 59% from doing what they want. In other words, the minority rules.

Those that favor the filibuster like it for two reasons. First, and completely unimportant, is the fact that it has been around forever and thus has some magical power simply due to tradition. Secondly, it keeps a simple majority from changing the laws as power goes back and forth with each election.

For example: Let’s say party A thinks the home mortgage interest should be tax-deductible. They are in power so they pass a law making it so. Since it is now law, people go out and buy houses because of this deduction. Then 2 years late, the other party gains the majority and they change the law back so that it is no longer deductible. This could go back and forth every election as one party and then the other gains just the slimmest of majorities.

There are two fallacies with this issue.

Fallacy One: The filibuster will keep a slim majority from constantly changing the law. The fact is that the senate routinely eliminates the filibuster for certain laws. Republicans did it just a couple of years ago to allow them to install Supreme Court justices. Since it is possible to “selectively cancel” the filibuster, all one has to do is take a quick vote at 8:00 am so that by 8:15 am the filibuster for ANY issue is bypassed. In short, the filibuster is an easily overcome legislative procedure should the majority party elect to bypass it.

Fallacy Two: The Republican Party will change all of the laws they don’t like once they take power if there is no filibuster to stop them. Let’s face it…Republicans don’t pass laws, they block them. The last thing the Republican Party wants is for the American public to see the Republican side of any debate on any law. Suppose the Voting Rights Acts were to pass under the current senate. If the Republicans take over the senate, what do you imagine their argument is going to be to overturn this act. It would boil down to “We Republicans are racist.”

The filibuster is a false barrier to progress. When a senator tells you otherwise, they are playing to your misconception of what it really is.

Time to save the world.

Up, up and away…

Jim