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If Obama wins and We dont regain the house but hold the senate. (Original Post) Egnever Sep 2012 OP
Yes!!!!!!! nt Tumbulu Sep 2012 #1
Yes!!!! gateley Sep 2012 #2
Absolutely. Can he really do that? nt Honeycombe8 Sep 2012 #3
Yes. Each new Senate (every 2 years) can set its own rules. BlueStreak Sep 2012 #6
+1 Egnever Sep 2012 #9
What's sad is Democrats who say he shouldn't because they may need it when Republicans are in power. Spitfire of ATJ Sep 2012 #14
Which is exactly why they should get out ahead of the issue BlueStreak Sep 2012 #25
Another winner is "unanimous consent" to set aside a rule.... Spitfire of ATJ Sep 2012 #28
What they said. n/t Smickey Sep 2012 #4
If Obama wins and we regain both the house and senate, there will be NO EXCUSES from the DEMOCRATS still_one Sep 2012 #5
Well, from what I understand, changing Citizen's United will take a constitutional Grown2Hate Sep 2012 #7
Even citizen's united because an ammedment can be done through Congress without going through the still_one Sep 2012 #8
No. An Amendment Must Also be Approved by 3/4 of the States AndyTiedye Sep 2012 #10
thanks /nt still_one Sep 2012 #20
Ho hum! longship Sep 2012 #12
Thanks. So repeal must be through an Amendment. I guess it isn't going to happen. still_one Sep 2012 #19
I've seen this argument a couple of times on DU and enlightenment Sep 2012 #27
If we win the House, and the Senate, both will retain a Conservative majority. ieoeja Sep 2012 #30
I hear he has to do it within the first two weeks. Kablooie Sep 2012 #11
He'll need to check with his corporate overlords tavalon Sep 2012 #13
Make em actually do it. Spitfire of ATJ Sep 2012 #15
What Spitfire said! pdxDemocrat Sep 2012 #17
This message was self-deleted by its author Spitfire of ATJ Sep 2012 #15
I've spoken about this to two US Senators in the past two days... brooklynite Sep 2012 #18
I'm ok with the filibuster, as long as they have to actually stand there and talk SWTORFanatic Sep 2012 #21
Certainly needs to do something. We can't go on like this fighting the obstructionists. They've lonestarnot Sep 2012 #22
Two or three months ago Harry said he would do exactly that, but he's been silent since 1-Old-Man Sep 2012 #23
not seeing the point, and it smells like hypocrisy hfojvt Sep 2012 #24
Well I dont know about that Egnever Sep 2012 #31
If the premise as stated... lapfog_1 Sep 2012 #26
No doubt. 99Forever Sep 2012 #29
Harry is THE major part of Dem problems today JDStone Sep 2012 #32
 

BlueStreak

(8,377 posts)
6. Yes. Each new Senate (every 2 years) can set its own rules.
Tue Sep 25, 2012, 01:44 AM
Sep 2012

This is just a rule. It isn't a law or anything in the Constitution.

 

Spitfire of ATJ

(32,723 posts)
14. What's sad is Democrats who say he shouldn't because they may need it when Republicans are in power.
Tue Sep 25, 2012, 03:51 AM
Sep 2012

The first thing they'll do is eliminate it.

 

BlueStreak

(8,377 posts)
25. Which is exactly why they should get out ahead of the issue
Tue Sep 25, 2012, 09:56 AM
Sep 2012

Today's Republicans have no respect for tradition, and tradition was the only thing that kept this ridiculous rule in place.

There are some merits to a process that forces more deliberate action in the Senate so that people can't easily go off half cocked. But what the Republicans have done with the filibuster has essentially made a situation where the Senate can't do ANYTHING.

Rather than scrap the filibuster altogether, it is probably wise to reform it, greatly limiting its use and adding a cost for using this tactic.

Sen. Tom Udall and some colleagues offered such a set of reforms the last time and the Senate leadership, unwisely IMHO, defeated him. Hopefully it will get more of a hearing this time assuming the Democrats still hold the Senate. See
http://www.slate.com/blogs/weigel/2011/01/05/read_sen_tom_udall_s_filibuster_reform_resolution.html

That reform eliminates secret holds, which was always an asinine rule. And in the case of filibuster, it goes back to the days of a real filibuster. If something is so important that it cannot go to a vote without extended debate, this new rule simply says, "OK, then, you MUST debate. and the Senate will stop all other business until that debate is concluded."

The Udall rule still allows 40 Senators to call a filibuster (I would prefer something more like 45) and it allows any number of filibusters on any bill (I would prefer to see more limitations of when it can be used.)

 

Spitfire of ATJ

(32,723 posts)
28. Another winner is "unanimous consent" to set aside a rule....
Tue Sep 25, 2012, 10:22 AM
Sep 2012

.....like THAT is ever going to happen when doing nothing is considered to be the goal.

still_one

(92,110 posts)
5. If Obama wins and we regain both the house and senate, there will be NO EXCUSES from the DEMOCRATS
Tue Sep 25, 2012, 01:32 AM
Sep 2012

this time why they don't have single payer, why they don't have financial regulation, why they don't reverse citizen's united

Grown2Hate

(2,010 posts)
7. Well, from what I understand, changing Citizen's United will take a constitutional
Tue Sep 25, 2012, 01:57 AM
Sep 2012

amendment (since it is established law by the Supreme Court). But other than that, I agree across the board. We need to get some shit DONE if we control Senate, House & Presidency. Hell, if we do that, we might control the Supreme Court within a few years!!!

still_one

(92,110 posts)
8. Even citizen's united because an ammedment can be done through Congress without going through the
Tue Sep 25, 2012, 01:59 AM
Sep 2012

states

longship

(40,416 posts)
12. Ho hum!
Tue Sep 25, 2012, 03:46 AM
Sep 2012

First, it's spelled amendment. Second, read your constitution. Amendments ratification takes 3/4 of states.

The only way to avoid going through the state legislatures is for a constitutional convention. That's nothing we would want with the theocratic and idiot tea baggers so prominent.

enlightenment

(8,830 posts)
27. I've seen this argument a couple of times on DU and
Tue Sep 25, 2012, 10:12 AM
Sep 2012

don't understand it.

The Supreme Court is the highest judicial body in the land, but they do not make law. They rule on the Constitutionality of law - laws are made by Congress.

I have never heard the argument that it would take a Constitutional amendment to overturn Roe v Wade; rather, what is being done is a gradual erosion of the law by the passage of other laws - including federal law (for example, the Hyde Amendment, which is not a Constitutional amendment but simply an addendum to an existing law but has managed to have an extremely chilling effect on the right of women to choose).

Given that, it seems reasonable that Citizen's United could be substantively neutered by the passage of subsequent law; traditionally that is what we do in this country. I do not understand why, in the case of this law, the SC decision is treated as sacrosanct.

 

ieoeja

(9,748 posts)
30. If we win the House, and the Senate, both will retain a Conservative majority.
Tue Sep 25, 2012, 11:54 AM
Sep 2012

A significant percentage of elected Democrats are staunch Rightists.

Not a majority. But enough that Democrats would need something like a 70% majority in both chambers to have a Liberal/Progressive majority.

So even had Democrats had a 60 member majority in the Senate during Obama's first two years - Kennedy was unable to attend a single session during the brief time he lived after Franken joined the Senate - it would have required members of the Conservative majority to join their fellow Democrats to end any filibusters.

 

Spitfire of ATJ

(32,723 posts)
15. Make em actually do it.
Tue Sep 25, 2012, 04:07 AM
Sep 2012

[img][/img]

Even if they stand there and read the New York Phone Book.

The longest filibuster on record was teams of Senators in 1957 going for 57 days against Civil Rights, which PASSED.

I think we can bet Republicans won't hold up for any time at all.

Look at the House. They take TONS of time off because, let's face it,...they're lazy...

Response to Egnever (Original post)

brooklynite

(94,466 posts)
18. I've spoken about this to two US Senators in the past two days...
Tue Sep 25, 2012, 06:58 AM
Sep 2012

...and they both agree that he will.

SWTORFanatic

(385 posts)
21. I'm ok with the filibuster, as long as they have to actually stand there and talk
Tue Sep 25, 2012, 09:18 AM
Sep 2012

No way there would nearly as many filibusters if the rule had been set that way.

 

lonestarnot

(77,097 posts)
22. Certainly needs to do something. We can't go on like this fighting the obstructionists. They've
Tue Sep 25, 2012, 09:21 AM
Sep 2012

nearly ruined the U.S.

1-Old-Man

(2,667 posts)
23. Two or three months ago Harry said he would do exactly that, but he's been silent since
Tue Sep 25, 2012, 09:27 AM
Sep 2012

Back in July or so Harry said that during the brief return to session after the election that the window would open up for amending the Rules of the Senate and he would address the filibuster at that time. But he hasn't said anything about it I've seen published since.

hfojvt

(37,573 posts)
24. not seeing the point, and it smells like hypocrisy
Tue Sep 25, 2012, 09:30 AM
Sep 2012

The hypocrisy is that we went nuclear over Republican threats to "go nuclear" when they had control of the Senate.

Second, because it has been said many times that the option exists to actually make them fillibuster which would draw media attention and public pressure to end the fillibuster. Instead now they just try for cloture, fail, and then move on.

But more to the point, if the House is in Republican control, then the Senate is not gonna be the problem. It's not like the Republican controlled House will be passing a lot of really great bills that all the conservatives in the Senate are killing with the fillibuster. No, it is far more likely that, again, just like the last two years, that the House is passing a lot of excrement that very much SHOULD be killed by the Senate.

In fact, at that point, ending the fillibuster would just allow the 48 or 49 Republicans to pass some excrement with just the support of two or three conservadem Senators from really red states.

 

Egnever

(21,506 posts)
31. Well I dont know about that
Tue Sep 25, 2012, 12:19 PM
Sep 2012

The house has been able to stand up and say we passed blah blah blah and the senate has blocked it. While the senate has not had that option because they have be blocked in almost everything they have tried to pass by filibuster alone.

If nothing else it would be a way to display the differences in the parties quite clearly and could be used to hammer the house into complying.

Hard to say the house is blocking things when you aren't passing anything.

And quite honestly we need things to move standing still is becoming less and less of an option going forward.

If we repeat the last 2 years we will make it that much easier for the pukes to say dems cant get anything done.

lapfog_1

(29,194 posts)
26. If the premise as stated...
Tue Sep 25, 2012, 10:05 AM
Sep 2012

repukes hold the house...

Changing the filibuster rule will not help because the repukes will simply shift all obstruction to the House.

If we take the House and hold the Senate... we need to have the Senate repeal the rule on 60 vote margins.

99Forever

(14,524 posts)
29. No doubt.
Tue Sep 25, 2012, 10:27 AM
Sep 2012

But will he? I'll believe it when I see it.

It makes a VERY convenient excuse for not doing the right things. We'll see.

 

JDStone

(10 posts)
32. Harry is THE major part of Dem problems today
Tue Sep 25, 2012, 04:19 PM
Sep 2012

He should have done it in Jan 2011.

I blame him for much of the problem we now have because he DID NOT change the cloture rules after the 2010 teabag revolution. It embolded the teabagers. Plus they don't even have to filibuster -- only the threat and Harry caves.

Harry Reid needs to go -- we need a Progressive, not an old DINO

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