Linkmeister

We're a permanent majority

The only honest man I know of at the American Enterprise Institute is Norman Orenstein, and on May 4 he wrote this column for his employer. It's hard to believe that he'd be allowed to publish something which so clearly refutes the conventional wisdom his colleagues keep pushing about the nuclear option, but maybe he slid it down to the webmaster sub rosa.

The Senate is on the verge of meltdown over the nuclear option, an unprecedented step that would shatter 200 years of precedent over rules changes and open up a Pandora’s box of problems in the years ahead. The shaky bipartisanship that holds the Senate together--in a way that is virtually absent in the House--could be erased. Major policy problems could be caught up in the conflict. The Senate itself would never be the same.

Let us put aside for now the puerile arguments over whether judicial filibusters are unprecedented: They clearly, flatly, are not. Instead, let’s look at the means used to achieve the goal of altering Senate procedures to block filibusters on judicial nominations.

[snip]

To make this happen, the Senate will have to get around the clear rules and precedents, set and regularly reaffirmed over 200 years, that allow debate on questions of constitutional interpretation--debate which itself can be filibustered. It will have to do this in a peremptory fashion, ignoring or overruling the Parliamentarian. And it will establish, beyond question, a new precedent. Namely, that whatever the Senate rules say--regardless of the view held since the Senate’s beginnings that it is a continuing body with continuing rules and precedents--they can be ignored or reversed at any given moment on the whim of the current majority.

There have been times in the past when Senate leaders and presidents have been frustrated by inaction in the Senate and have contemplated action like this. Each time, the leaders and presidents drew back from the precipice. They knew that the short-term gain of breaking minority obstruction would come at the price of enormous long-term damage--turning a deliberative process into something akin to government by the Queen of Hearts in "Alice in Wonderland."

As you can see, he thinks changing the filibuster rules is a terrible idea. For the record, so do I.

Via Tapped.