You are young. Will the Senator yield? I am one who signed that letter. First, let's talk about the letter itself. What it says is, ``We are united in our determination to preserve the ability of Members to engage in extended debate when…
You are young.
Will the Senator yield?
I am one who signed that letter.
First, let's talk about the letter itself. What it says is, ``We are united in our determination to preserve the ability of Members to engage in extended debate when bills are on the Senate floor.'' I agree with that. The proposal that is going to be put on the floor today is one that will allow extended debate.
There are two points that have caused me to modify the position that I took on this letter. One is the nature of the issue that is before the body. If we were here talking about immigration or gun control or any of the other many issues that we consider, I wouldn't be taking the position that I am.
I believe that the rules of the Senate are important and that extended debate is an important part of the Senate process. However, we are talking about fundamental structural changes--not policy changes but structural changes--that I believe, in spite of your comments, that in many States across the country are compromising the ability of our people to express themselves in our democracy.
I consider that qualitatively different than a policy difference, and that is why I am here today to talk about revising the rules--not blowing up the filibuster but to get back to what the filibuster actually means, and that is extended debate.
I am all for extended debate until we are exhausted, until we have made a deal, until we have come to a compromise. But the problem is, the filibuster, as we define it today, is a distant cousin of the real filibuster.
The radical change in the filibuster isn't what is being discussed today. It was made in 1975 almost by accident. In 1975, they were debating whether it should be two-thirds of Senators present and voting or a lower number. And they compromised on 60 Senators, sworn Members. That was the focus of that discussion.
I have talked to Parliamentarians who were involved in that question. I asked the specific question: Did they really realize what they were doing by creating the mail-in, dial-in, no-effort filibuster? And the answer was no. They didn't discuss it. They didn't think of it.
So what I am talking about here today and what the proposal that will be on the floor later today is to do exactly what this letter says, ``extended debate''--``extended debate.'' And that is why I believe that what we are proposing today is in the deepest tradition of the U.S. Senate. What we are trying to scale back is the cheap, easy, dial- in from your office, 60 votes, de facto, supermajority requirement, which is not in the Constitution, which the Framers expressly did not agree to.
They put in a lot of checks and balances. Two Houses of Congress, two-thirds voting on treaties, two-thirds voting on an amendment, confirmation of the President--the President, the Congress, the independence of the courts, all those were checks and balances. One of them was not a supermajority requirement in the U.S. Senate.
Hamilton and Madison expressly said that that would turn democracy on its head. Democracy ultimately is about majority rule, and there should be minority rights. The minority should have every opportunity to speak, to offer amendments, to discuss--to offer germane amendments, I might add--and discuss and debate but ultimately not have a veto.
That is really what it comes down to here: Do you have a rule that says that the minority actually is in control of the legislative process? That is not what the Framers intended. It is antithetical to what the Framers intended.
In fact, one of the reasons for the Constitutional Convention was the dysfunction of the Articles of Confederation, and one of the reasons cited for that dysfunction was a supermajority requirement.
So, yes, I voted--what I supported 3 years ago, I still support. The language is ``full, robust, and extended debate,'' and that is what is going to be proposed later on.
If you guys will vote for it, this debate can go on, as it should, for weeks and perhaps months because it is that important. But I don't have any apologies to make. If I have to choose between a Senate rule, as it works now--which, as I say, is a distant cousin of the real filibuster--and democracy itself, I am going to take democracy every single time.
Mr. President, I came here 9 years ago opposed to modifying the rules of the filibuster. Indeed, I signed a letter a couple of years ago saying the same thing. I understand that it can and probably will boomerang, that an elimination of the filibuster--what is today's annoying obstruction could be tomorrow's priceless shield. I get that.
I understand that it can also be a spur to bipartisanship. We all saw that several years ago in the CARES Act. The Republican leader submitted a bill. It was voted down on a filibuster initially, and then there ensued a series of negotiations that improved the bill and made it a bipartisan bill that passed this body unanimously.
The problem is, if it is being used as a spur to bipartisan discussions, that works. We saw it work with the CARES Act. But if it is used simply to stop something, in other words, if one side or the other just doesn't even want to talk about the subject, what you are talking about is stone cold obstruction, and that is where we are today.
Unfortunately, part of this body just doesn't want to talk about the issue of voting rights. How do I know that? Because we brought up a motion to proceed three times, and it was voted down three times--a motion to proceed to have a discussion about this issue. The only reason we are having this debate today is that the majority leader found a rule that, frankly, I never heard of that enabled us to bring this to the floor. It wasn't because the other side said: Oh, let's discuss voting rights.
What we have now is not a filibuster. It is a second cousin once removed of a filibuster. It doesn't require any effort. It doesn't require any speeches. It doesn't require to hold the floor. All it is is a dial-in, no-work filibuster. Strom Thurmond would have loved this filibuster. He wouldn't have had to stand here for 24 hours. And I venture to say that if we had the rules that we have today, we wouldn't have the Voting Rights Act and the Civil Rights Act, because it was too easy to stop anything.
That is the problem. We don't really have a filibuster. The real radical change in the filibuster rule was in 1975, when they wanted to go from two-thirds of those present voting to 60 votes, but, inadvertently, we created the no-effort filibuster, and that is what we have now.
I would submit that a talking filibuster, which is what we are going to be proposing in a few minutes, would be the real spur to bipartisanship because everybody would want to get it over with. The minority would want to get it over with, and the majority would want to get it over with, and get to a point where there would be discussion. And I believe, listening to the debate today, based upon the discussion today, that I think there may be some areas where we can find agreement.
The real spur to bipartisanship would be to return to the old filibuster. This is what we are going to be voting on today.
And, by the way, on bipartisanship, I came here to seek bipartisanship. I am all about bipartisanship. But it strikes me as one of the deep ironies of this discussion that we are elevating bipartisanship in this body to this exalted position while these laws are being passed entirely on a partisan basis in all these States across the country. I guess bipartisanship is an important principle in Washington, but in Atlanta and Austin, not so much. I don't get that. I think that is one of the real ironies of this situation.
So, Angus, if you came here opposed 9 years ago, why are you changing now? Because what we are talking about today isn't policy; it is structure. It is our democracy itself.
Policy can change. If they don't like the policy we pass, they can kick us out and vote other people in. If we change the structure that diminishes the right of people to vote, it is not self- correcting anymore. The system itself is being compromised. That is what we have to talk about.
And we are not only talking. All of the discussion or most of the discussion today has been about voter suppression. There is also what I call voter subversion--purging the officials in charge of elections.
This democracy, I would argue, was damn near saved by a guy named Brad Raffensperger in Georgia. They purged him--or they are going to. They have already purged him out of the system, and they are going to try to purge him out of his job. That is happening. And we talk about giving people in the legislature--a partisan legislature--the ability to dismiss voting boards because they don't like what they did? We are going to see more and more voting boards, voting commissioners, certification officials being purged because they don't want to get the results that they don't agree with.
The other problem here that really worries me about our democracy is that the former President's efforts to undermine confidence in our elections have already convinced two-thirds of one of our great political parties that the elections were illegitimate and were rigged. Two-thirds of one of our great political parties now believes that.
If these laws that are happening across the country--and they are going to continue happening. By the way, if we give them a pass today, it is Katy, bar the door, over the next 6 months. Then you are going to disillusion and anger and loss of trust among two-thirds of the Democratic Party and Independents, and you are going to have widespread distrust of elections as the way we solve our problems in this country. And if you can't trust elections, what do you do?
I would submit that we saw it on January 6. Those people had been told that something was stolen from them, and they couldn't trust elections. They couldn't trust the courts. They couldn't trust the media. So they took the law into their own hands. And, sadly, if this continues, we will have a broad widespread loss of trust in our electoral process, and that is when democracy starts to fall apart.
Finally--my wife says I say ``finally'' too much and it gets people's hopes up.
Finally, there are some deeper constitutional issues here. The Framers knew fractions. They said it takes two-thirds to pass a treaty. It takes two-thirds to impeach a President. It takes two-thirds to pass a constitutional amendment. It takes three-quarters of the States to pass a constitutional amendment. They knew fractions. They didn't apply any fractions when they talked about the passage of legislation. Why not? Because they knew it would be a disaster to have a supermajority requirement in one of the Houses of the national legislature.
How do I know that? Because Madison and Hamilton said it explicitly in Federalist 22 by Hamilton, Federalist 58 by Madison. Madison said:
The fundamental principle of free government [if you have a
supermajority requirement] would be reversed. It would be no
longer the majority that would rule: the power would be
transferred to the minority.
You can't have it both ways. It is either majority rule or its minority rule, and the filibuster was not part of the Constitution. In fact, they expressly and explicitly rejected that idea of a supermajority requirement. It flips democracy on its head.
I think we are at a hinge of history, Mr. President. I think we are at a hinge of history where our fragile experiment--and Senator Murphy is right, we are an anomaly in world history. The norm is pharaohs and Kings and dictators, and now we call them Presidents for life.
And once people seize power, look at what--and this isn't an academic discussion. This has happened in Hungary, in Turkey, and Venezuela--in Russia. It has happened right in our personal experiences. It can happen here, and it starts with undermining free and fair elections.
In the winter of 1891, the House passed a protection act for Black voters in the South. The bill was to deal with the egregious voter suppression that was then sweeping the South in the wake of the Civil War. The bill came here and died due to a filibuster. That filibuster echoed in this country for 75 years. It took 75 years to correct the mistake that this body made with that filibuster in the winter of 1891.
We are not talking about abolishing the filibuster. We are not talking about a carve-out. We are talking about allowing this body-- requiring this body--to debate, to argue, to make their arguments as long as it takes, and then, at the end, when the debate is exhausted, when all of us have had the opportunity to speak twice, then we have a vote, and we pass legislation on the same basis that it has always been
passed--by a majority. Cloture has nothing to do with the passage of legislation. It has always been by a majority.
I pray that we don't look back on this day and realize the level of the mistake that they made in 1891.
Abraham Lincoln's words ring today as they did when he came to this body in December of 1862.
He said:
Fellow-citizens, we cannot escape history. We of this
Congress and this administration, will be remembered in spite
of ourselves. No personal significance, or insignificance,
can spare one another of us. The fiery trial through which we
pass, will light us down, in honor or dishonor, to the latest
generation.
``The fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation.''
I yield the floor.