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To: SirVinny who wrote (355166)10/17/2007 5:51:47 PM
From: tejek  Read Replies (1) | Respond to of 1576109
 
Senate tied in knots by filibusters

By Margaret Talev | McClatchy Newspapers



WASHINGTON — This year Senate Republicans are threatening filibusters to block more legislation than ever before, a pattern that's rooted in — and could increase — the pettiness and dysfunction in Congress.

The trend has been evolving for 30 years. The reasons behind it are too complex to pin on one party. But it has been especially pronounced since the Democrats' razor-thin win in last year's election, giving them effectively a 51-49 Senate majority, and the Republicans' exile to the minority.

Seven months into the current two-year term, the Senate has held 42 "cloture" votes aimed at shutting off extended debate — filibusters, or sometimes only the threat of one — and moving to up-or-down votes on contested legislation. Under Senate rules that protect a minority's right to debate, these votes require a 60-vote supermajority in the 100-member Senate.

Democrats have trouble mustering 60 votes; they've fallen short 22 times so far this year. That's largely why they haven't been able to deliver on their campaign promises.

By sinking a cloture vote this week, Republicans successfully blocked a Democratic bid to withdraw combat troops from Iraq by April, even though a 52-49 Senate majority voted to end debate.

This year Republicans also have blocked votes on immigration legislation, a no-confidence resolution for Attorney General Alberto Gonzales and major legislation dealing with energy, labor rights and prescription drugs.

Nearly 1 in 6 roll-call votes in the Senate this year have been cloture votes. If this pace of blocking legislation continues, this 110th Congress will be on track to roughly triple the previous record number of cloture votes — 58 each in the two Congresses from 1999-2002, according to the Senate Historical Office.

Senate Majority Leader Harry Reid, D-Nev., forced an all-night session on the Iraq war this week to draw attention to what Democrats called Republican obstruction.

"The minority party has decided we have to get to 60 votes on almost everything we vote on of substance," said Sen. Claire McCaskill, D-Mo. "That's not the way this place is supposed to work."

Even Sen. Trent Lott, R-Miss., who's served in Congress since 1973, complained that "the Senate is spiraling into the ground to a degree that I have never seen before, and I've been here a long time. All modicum of courtesy is going out the window."

But many Republicans say the Senate's very design as a more deliberative body than the House of Representatives is meant to encourage supermajority deal-making. If Democrats worked harder to seek bipartisan deals, Republicans say, there wouldn't be so many cloture votes.

"You can't say that all we're going to do around here in the United States Senate is have us govern by 51 votes — otherwise we might as well be unicameral, because then we would have the Senate and the House exactly the same," said Sen. John McCain, R-Ariz.

To which Reid responds: "The problem we have is that we don't have many moderate Republicans. I don't know what we can do to create less cloture votes other than not file them, just walk away and say, 'We're not going to do anything.' That's the only alternative we have."

Some Republicans say that Reid forces cloture votes just so he complain that they're obstructing him.

Sen. Arlen Specter, R-Pa., called the all-nighter on Iraq "meaningless, insulting" and "an indignity." "There is no doubt that there are not 67 votes present to override a veto. There is little doubt that there are not 60 votes present to bring the issue to a vote."

Republicans also say that Democrats are forgetting how routinely they threatened filibusters only a few years ago when they were the minority, especially to block many of President Bush's judicial nominees. Back then, Republicans were so mad that they considered trying to change Senate rules to eliminate filibusters — but didn't.

"The suggestion that it's somehow unusual in the Senate to have controversial matters decided by 60 votes is absurd on its face," said Senate Minority Leader Mitch McConnell, R-Ky.

Although this year's Congress is taking it to a new level, the frequency of cloture votes has been climbing for decades — the result of more polarized politics in Congress and also evolving Senate rules and practices.

Associate Senate Historian Don Ritchie said that since the nation's start, dissident senators have prolonged debate to try to kill or modify legislation. The word "filibuster" — a translation of the Dutch word for "free-booter" or pirate — appears in the record of an 1840s Senate dispute about a patronage job.

From Reconstruction to 1964, the filibuster was largely a tool used by segregationists to fight civil rights legislation. Even so, filibusters were employed only rarely; there were only three during the 88th Congress, which passed the landmark Civil Rights Act of 1964 after two months of filibustering.

Filibusters were infrequent partly because the Senate custom of civility prompted consideration of minority views — and partly because they were so hard to overcome that compromises were struck. In 1917 cloture rules for ending filibusters were put in place, but required a two-thirds vote — so high it was rarely tested.

Post-Watergate, in 1975, the bar was lowered to three-fifths, or 60 votes, and leaders began to try it more often.

By the early 1990s, tensions between then-Majority Leader George Mitchell of Maine and Minority Leader Bob Dole of Kansas upped the ante, and the filibuster-cloture spiral has soared ever since as more partisan politics prevailed. The use of filibusters became "basically a tool of the minority party," Ritchie said.

The current Senate has two other complications: the 51-49 Democratic majority, which includes a pro-war independent and an absent Democrat recuperating from brain surgery, makes it harder to find 60 votes. And the presidency and Congress are controlled by opposing parties, which increases confrontation.

The Senate "has always been a cumbersome and frustrating and slow body because that's what the Constitution wanted," Ritchie said. The new majority's decisions are: "How often are you willing to lose on these issues? Would you rather campaign on the other side being obstructionists? What's a tolerable compromise? They're still working these things out."

Republican Senate leader McConnell said Friday in a news conference that when he became minority leader, "it was not my goal to see us do nothing. I mean, you can always use the next election as a rationale for not doing anything. But as you all know, we've had a regularly scheduled election every two years since 1788, so there's always an election right around the corner."

"A divided government has frequently done important things: Social Security in the Reagan period, when (Democrat) Tip O'Neill was speaker; welfare reform when Bill Clinton was in the White House when there was a Republican Congress. There's no particular reason why divided government can't do important things. We haven't yet, but it's not too late.

"And I think clearly the way to accomplish things is in the political middle, and I would challenge our friends on the other side of the aisle to step up and take a chance on something big and important for our country."

Of course, Democrats say similar things — but then neither side often compromises.

mcclatchydc.com



To: SirVinny who wrote (355166)10/17/2007 5:56:09 PM
From: tejek  Respond to of 1576109
 
Pelosi sours on Senate

By Mike Soraghan and Manu Raju
October 17, 2007

Frustrated by lack of legislative progress in the Senate, Speaker Nancy Pelosi (D-Calif.) is increasingly touting Democratic achievements in the House.

Her statements represent a significant shift from the stance she took six months ago. In March, the Speaker celebrated the first 100 days of the congressional majority by stating, “Democrats have brought the winds of change to the Capitol.”

These days, she’s confined to claiming those winds are blowing on her side of the building. In the minds of her caucus members, the Senate is in the doldrums and House members are paying the price for Senate inaction on Democratic priorities.

When pressed on the slow progress of spending bills during ABC’s Sunday morning talk show “This Week,” Pelosi passed the buck to the Senate, saying, “In the House we’ve passed every one of our bills.”

The change in talking points at the top reflects a deepening frustration among House Democrats, who are irritated with lack of progress in the Senate and are starting to publicly press their Senate counterparts to stop letting Republicans use procedural tactics and instead force Republicans to carry out a filibuster, if that’s what it takes.


Pelosi’s shift in rhetoric is also strategic. There are 61 House Democrats serving in districts that President Bush carried in 2004, and many will face challenging reelection races. Senate Democrats have less to worry about as only a couple of them are considered serious targets this cycle.

“I think it would be important for the American people to get a more concrete understanding of the lengths Republicans will go to in order to hold these things up,” said Democratic Congressional Campaign Committee Chairman Chris Van Hollen (D-Md.).

The comments also signal a growing unease within the House Democratic Caucus about the difficulty Senate Democrats are having in attracting sufficient GOP support for controversial bills. The Senate gridlock is undermining Democrats’ ability to tout the first Democratic-controlled Congress since 1994 and is playing a role in the public’s disapproval of the legislative branch.

“It seems like the only way to do things is the Senate way,” Rep. Kendrick Meek (D-Fla.) said.

Jim Manley, spokesman for Senate Majority Leader Harry Reid (D-Nev.), said, “Sen. Reid understands their frustration, he’s frustrated as well.”

Manley said that Republicans have threatened 48 filibusters, which he added was on pace to break a 2-year record of 61.

House Democrats emphasize that they voted to bring troops home from Iraq, finished their spending bills on time and passed an ambitious children’s health insurance plan. The Senate not only failed to pass an Iraq withdrawal bill, it came up short in trying to win over Republicans to support a plan that would have given troops more training and rest time. And the realities of the Senate forced House Democrats to scale back their plans to expand the State Children’s Health Insurance Program (SCHIP) from a nearly $50 billion-boost to the program to about a $35-billion increase over five years.

“Our leadership’s caution is dictated by the Senate,” said Rep. Artur Davis (D-Ala.).

Looking ahead, Democrats in the lower chamber see more unpalatable compromises on issues like tax policy, where they are disappointed to see their goals in the hands of cautious centrist Sen. Max Baucus (D-Mont.). House Democrats say on tax issues, they are constantly told that nothing can get off the ground unless nine or 10 Republican senators will agree to it.

“Everybody says, ‘What can we get in the Senate?’” explains Rep. Jim McDermott (D-Wash.). “So we have to go over to Max Baucus with hat in hand.”

Senate Democrats claim they have made substantial progress, pointing to their ability to push through a sweeping package of ethics reforms, implementation of the 9/11 Commission recommendations and an increase to the minimum wage as well as plans to send at least one of the 12 annual appropriations bills to Bush as early as this week.

Also, Senate Democrats note they — unlike the House — have the votes to overturn Bush’s veto on the SCHIP legislation.

Sen. Ken Salazar (D-Colo.), who sits on the Finance Committee, said Senate Democrats were prepared to expand the SCHIP program further but recognized that it had to be trimmed in order to secure enough votes for passage.

“There are different rules and different chambers, and a different political reality that we have to deal with,” Salazar said. “I think what ends up happening is that we play a constraining force on the House of Representatives given our rules and traditions of the Senate.”

But Senate Democrats mostly complain that even on routine matters, such as proceeding to take up a bill, scheduling votes on amendments or naming senators to sit on conference committees, Republicans have objected and forced them to get the 60 votes needed to override objections – a tough task in a chamber where Democrats hold a 51-49 advantage.

“The fact is it’s been hard,” said Sen. Byron Dorgan (D-N.D.), who served in the House from 1980-92 and is now in his party’s leadership team as chairman of the Democratic Policy Committee. “The Republicans have been objecting even to motions to proceed of even to going to appropriations bills, so it’s not been an easy time for us. But we’re getting things done.”

Republicans reject that criticism, maintaining Democrats have been stymied because they are regularly overreaching instead of compromising.

“Let me get this straight: When they were in the minority, it was the majority’s fault when their agenda failed,” said Don Stewart, a spokesman for Minority Leader Mitch McConnell (R-Ky.). “And now that they’re in the majority, it’s the minority’s fault? Seriously?”

House Ways and Means Committee Chairman Charles Rangel (D-N.Y.) complained last month about a “Republican-controlled Senate” and hasn’t backed down since. He agrees that Senate Democrats should force votes, rather than simply backing down when Republican senators use procedural maneuvers to block legislation.

“If we don’t go to conference, there’s really no need to legislate anyway,” Rangel said. “I do believe if you let them have a couple of filibusters, instead of these agreements, you’d at least know the people’s House is in business.”

But the sentiment is not universal. Rep. Rick Boucher (D-Va.) says he’s frustrated with the Senate, too. Yet, he added, “The Senate rules are the Senate’s rules.”

During their 12-year reign from 1995-2006, House Republicans repeatedly criticized the Senate. But now confined to the minority, they have expressed admiration for the Senate GOP’s defensive maneuvers.

Most of the anger that exists in the Democratic Caucus boils down to Iraq. Recognizing the Senate is far short of the 60 votes needed to bring troops home from the war, some House Democrats complain that even on measures that would chip away at Bush’s Iraq strategy, the Senate has been slow to act. For instance, when the House passed a bipartisan bill by a 377-46 vote, ordering Bush to report on his Iraq withdrawal plans, Senate Majority Leader Harry Reid (D-Nev.) signaled he was in no hurry to bring that bill to the floor.

The House overwhelmingly passed legislation in July that would ban permanent bases in Iraq, and roughly three months later, there has been scant action in the Senate on the issue. Similar language is included in the House’s defense spending bill, which is undergoing bicameral talks.

Senate Armed Services Chairman Carl Levin (D-Mich.) dismissed the House Democrats’ concerns, arguing that had it not been for House opposition in the past, there would already be a law on the books governing security outfits like Blackwater USA, which has come under withering criticism for a recent controversy involving shootings on Iraqi civilians. The House has since followed course, overwhelmingly approving a bill this month to provide more accountability for contractors.

“We’ve been kind of ahead of the curve on that,” Levin said.

thehill.com



To: SirVinny who wrote (355166)10/22/2007 2:00:55 AM
From: tejek  Respond to of 1576109
 
Legal status doesn't affect abortion rates

siliconinvestor.com