… and this fact is regularly exploited by the press and their political overlords when trying to justify extreme action, such as eliminating the filibuster in the Senate. This NPR article is an excellent example:
Biden Supports Changes To Filibuster, Returning It To ‘What It Used To Be’
For instance, the NPR article states:
Filibustering is the controversial Senate practice designed to block action on a bill, first coming into existence as a means to preserve slavery in the United States. [emphasis mine]
But many would disagree with this claim. Both National Geographic and History.com note that the one of the earliest uses of the filibuster was to prevent expungement of the Senate censure records of Andrew Jackson in 1837. Others cite additional early non-slavery uses of the filibuster. But such examples would hardly garner voter support for the elimination of the filibuster; thus, NPR conveniently distorts the facts in favor of associating the filibuster with racism. They are not the only ones: both Rep. Ayanna Pressley (D-Mass) and President Obama have falsely referred to the filibuster as a “Jim Crow relic” as a means to amass support for its elimination, even though it came into use long before that era.
As a side note, I find it interesting that so many recent opinions and articles (here and here, for example) calling for Senate Democrats to eliminate the filibuster claim racism as justification. These typically cite the the unsuccessful use of the filibuster to delay the passage of the 1964 Civil Rights Act. What’s particularly interesting to note is they fail to identify that it was in fact Democrat senators who filibustered this bill. So, to be fair, Democrats are calling out their own abuses of the filibuster to support its demise.
The NPR article goes on in its attempt to sway public opinion by quoting President Biden pining for the days of old:
“…you have to do it what it used to be when I first got to the Senate back in the old days … You had to stand up and command the floor, you had to keep talking.”
Only it is unlikely that President Biden had to endure such a filibuster during his Senate tenure. Filibusters had the habit of grinding all Senate business to a halt, since only one bill could be considered at a time. In the early 1970’s a rule change allowed filibustered legislation to be tabled so that other legislation could be considered. Thus it was no longer necessary for an opposition party to hold the floor for a filibuster, and the kind of filibuster envisioned by President Biden largely disappeared. However, it is interesting to note that the Senate does not have to table a filibuster. If the majority party in the Senate wants to force an actual filibuster, complete with continual speech, all they have to do is call the other side’s hand; no change in Senate rules necessary.
The truth is that the filibuster has been used more than a thousand times in the past century – by both parties and for causes good and bad – to protect minority party interests and to force a consensus on legislation. A filibuster does not mean the end of a piece of legislation; a filibuster can be overcome by 60 votes in the Senate. In fact, of the 1520 filibusters that occurred between 1989 and 2009, 725 were overcome by such a Senate vote. Thus, the filibuster encourages compromise and consensus to garner the wide support necessary to pass bills in the Senate (and I would argue that this makes for much better legislation). But that’s not what the Democrats want – they want complete majority control, period. No consensus, no compromise, no consideration whatsoever for the 49.9% of the people not in the majority.
But the obvious question is: why would the Democrats want to change the rules now? Don’t they know that once the Republicans get control they could use this same rule change against them? The only reasonable explanation for the Democrats to petition for such a change is that – once they have control – they expect to pass laws that will prevent them from ever having to cede power. And, given their drive to pass H.R. 1, the “For the People Act of 2021” – which effectively eliminates Voter ID laws, makes mail-in balloting without authentication permanent, codifies nationwide ballot harvesting by political operatives, and makes it nearly impossible to guarantee the security of our elections – it seems that this is exactly their plan.
So, if you’re a Democrat – swing away. In the end, you’ll get exactly the socialist utopia you deserve. But if you’re a freedom-loving American of any political persuasion, please insist your Senators keep the filibuster and learn to compromise. We’ll all be better off for it in the end.