The Filibuster in the Era of Trump

Ted Noel, M.D.

The filibuster may seem a weapon of obstruction in the hands of Senator Schumer, but the Minority Leader may find himself in a trap of his own making when he uses it....... after each election Senate Majority Leader McConnell said that that it was almost impossible to get anything done because the Democrats blocked every meaningful action in the Senate.......The trick that allowed these "filibusters" to succeed "behind the curtain" was created by Senators Mike Mansfield and Robert Bird after filibusters of civil rights legislation in the early 1960s.

In essence, when the Minority Leader tells the Majority Leader that a filibuster is intended, the Majority Leader places the "filibustered" action on a second calendar where it never sees the light of day. Under this custom, Majority Leader Mitch McConnell has allowed the Senate to be "filibustered," blocking action on bills the Democrats don't like, simply allowing Democrats to have their way.......the proper term for this is "pre-emptive surrender."

Senator Mitch McConnell has declared that he will not fight. But he does not need to fight. All he needs to do is to require the Democrats to fight. Consider this spectacle: Republicans propose an appropriations bill that does not include a tax increase the Democrats want. Senator Schumer declares a filibuster. But instead of going back to the drawing board to come up with something the Democrats will like, Senator McConnell simply hands the microphone to Senator Schumer and says, "Enjoy yourself." Now, instead of the Republicans looking bad, it has become time for the Democrats to put up or shut up........More