Abolish the filibuster.

Diarra English
Written By Nicole Cardoza

Happy Wednesday and welcome back! Honestly, all I knew about the filibuster until recently was "Mr. Smith Goes to Washington". Turns out filibusters are much more than impassioned, 25 hour speeches, but an insidious way to stifle progress. Diarra shares more about the process and offers the little we can do to change it.

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By Diarra English (she/her)

The modern filibuster is the greatest threat to American democracy right now. Without so much as a word, any senator who objects to a bill has the power to completely derail the bill’s progression until sixty senate members vote for the delay. Senate minority leader Mitch McConnell is no stranger to the filibuster and has used it to block any bill he simply does not like. He and his colleagues are willing to go through major lengths in order to block bills, and President Joe Biden’s presidency doesn't seem much different.

Last week, President Biden took the first steps that possibly could help in dismantling the disruptive structure of the filibuster. He says it needs to be reformed back to how it was when he first began his thirty-eight-year Senate career—a talking filibuster (The Washington Post). Without a reformed filibuster, it will be nearly impossible for President Biden to pass legislation such as the voting rights bill, healthcare, criminal justice reform, and many more (Rolling Stone).
 

According to the U.S. Senate, a filibuster is an action designed to prolong debate and delay or prevent vote on a bill, resolution, amendment, or other debatable question (United States Senate). When a filibuster is enacted, the amount of votes needed to pass the legislation automatically rises from the original majority of fifty-one to a supermajority of three-fifths, or sixty votes. On bills where support is already limited, it becomes impossible to garner the remaining votes needed to pass the supermajority. 
 

The filibuster was first introduced in the mid-nineteenth century as a tool to unfairly uphold the institution of slavery at a time when leaders were beginning to realize the need to abolish it (NPR). Adam Jentleson, former deputy chief of staff to former Democratic leader Harry Reid from 2010-2017, credits John C. Calhoun as being the father of the modern filibuster as we know it. Calhoun fought hard to defend Southern slave owners by using filibusters, and later on the filibuster stayed true to its racist history by derailing Civil Rights legislation. 
 

It has long been understood that the American democratic system was founded on racism, therefore, its never been an ally for Black and non-white people. However, the extent to which this applies is more apparent as you dive into the structure of American politics. From the contradictory verbiage in the Declaration of Independence to the gerrymandering of cities, towns, and counties, there truly is no place for the American Black in the United States government. Today, the filibuster’s racist structure of politics speaks louder than ever as senate Republicans plan to use it to dismantle the voting rights of millions of Black Americans. 
 

Many members of the Senate have been calling for reform or abolition of the filibuster, and President Biden just joined the team along with democratic Senators such as Chris Coons and Dianne Feinstein, who was adamantly opposed to the filibuster up until last Friday afternoon. Feinstein stated in President Biden’s proposal (Twitter) that she is open to changing the Senate’s filibuster rules if necessary to pass legislation such as expanded background checks for firearm purchases, and reauthorization of the Violence Against Women Act. Most recently, Senator Bernie Sanders said, “The only way the [fifteen dollar minimum wage] would pass is if they abolished the filibuster” (Politico). Similarly, House Majority Whip Jim Clyburn has vehemently opposed the filibuster and is now applying more pressure than ever to make sure President Biden addresses the issue. 
 

At the heart of the issue is the vulnerability not only of the majority, but also the ability to pass legislation that is essential to a functioning democracy. Following the election of Senators Jon Ossoff and Rafael Warnock, an onslaught of voter suppression laws was presented by Senate Republicans in crucial Southern and swing states. In the 2020 presidential election, the power of the Southern states was evidently clear; Black and Brown voters are unstoppable when they join together and aren't disenfranchised (The Atlantic). Without reform of the filibuster, it's easily possible for these laws to pass and cause irrevocable harm to the democratic process. As imminent as the threat may seem, President Biden does not appear to have the same urgency as Democractic senators or top aides who want to see reform happen as soon as possible. “He needs time” has been the consensus instead of moving forward with diligent speed (Politico). 
 

It is certainly going to be difficult garnering the support of Senate Republicans to alter the filibuster in the slightest, especially with minority leader Mitch McConnell as the head. He cites the filibuster as a means to force “deliberation” and is something that was within the wishes of the founding fathers. He believes eliminating it would dismantle the structure of the senate and will cause a ‘nuclear winter’ (The Guardian). But, President Biden doesn’t want to abolish it completely; he only wants to “refashion” it back into what it used to be (The Washington Post). In an interview with ABC’s George Stephanopoulos, Biden states that he is all for bringing back the rules of the filibuster where Senators had to stand up, demand the floor, and keep talking (ABC News). This will make it harder for opposers to block essential bills and it will deter those from disrupting senate proceedings just because they don’t like something. They will actually have to work for it.
 

As long as the filibuster still is considered fair game in our democratic system, no progressive legislation will pass. As it has been used to block gun control in the wake of the Sandy Hook massacre, Obamacare expansion, and numerous civil rights bills, there is no hope for forwarding movement as long as anyone senator can waste precious time either through silence or procrastination. There’s a reason the founding fathers did not support the filibuster. They had the forethought to understand the danger that a filibuster could cause, especially in the matter of the supermajority (Indivisible). It can’t be okay for the minority to essentially throw a tantrum whenever something isn’t going their way. We need to return to the balance of power intended for the government when it was first developed. Imagine a reality where American citizens advocate for the change they want to see and are actually able to see it because their senators can vote on and pass their concerns. It can happen without the filibuster and, as of Friday afternoon, we are one step closer to its reform and hopefully its abolition.

KEY TAKEAWAYS

  • The filibuster has always been a racist means of objecting to progression.

  • Without the filibuster in place, the minority will no longer have the power to derail the wishes of the majority and the American citizens who want change.

  • The filibuster often advances the desires of those who seek to abuse power.

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