An interesting procedural situation has developed in the Senate.
According to the Constitution, presidential appointments to various government
agencies require the "advice and consent" of the Senate
The President has
recently proposed seven appointments. Some Senate members are opposed to one of
more of these individuals for the proposed appointment. The Senate must resolve
as a group whether to accept the president's nomination of each of these
nominations.
In the process of resolving the issue in the Senate, each
senator has the right to filibuster, which means to give an extended speech for
or against a proposed law, or in this case a nominated person. An example of
filibustering is clearly shown in an old movie entitled, "Mr. Smith goes to
Washington", with Jimmy Stewart and Jean Arthur. It should be noted that the
process of filibustering only delays calling for a Senate vote, although the
filibustering process may also change the minds of some of the senators and thus
affect the outcome of the vote.
Senate Majority Leader Harry Reid has
said that he wants the Senate to approve all of Pres. Obama's seven nominees. He
also says that if the Senate does not approve the seven nominees, he will call
for a Senate vote to eliminate the process of filibustering, and that is likely
to pass the Senate, because only 51 votes are needed, and he has the probability
of 54 votes.
Filibustering is a tool primarily used in the Senate by the
minority party, in this case Republicans. With Senate Majority Leader Reid's
ultimatum, the Republicans will be forced to give up their right to filibuster,
unless they immediately accept the president's seven nominees.
I consider
filibustering a valuable part of congressional procedure, because it tends to
bring out complete facts on a controversial issue, as opposed to some rote
passage of a proposed law or person nomination for an agency position. However,
it is a communication device and is still not an integral part of the voting
procedure. For example, if the Obamacare law had been filibustered, it might not
have passed muster, and we might not now have been burdened with that
law.
Conversely for the specific situation at hand, agreement to approve
all of the seven presidential nominees is an automatic loss to the objectors.
Even if the objectors were allowed to filibuster, they still might lose the vote
on all seven.
The bottom line is that the Senate could now pass an
anti-filibustering rule, which would be disadvantageous to the minority
Republicans. However, in subsequent elections, the Democrats may find themselves
as a minority in the Senate and would be denied the right to filibuster. The likelihood is that Harry Reid is looking for the
banning of filibuster as an immediate aid to his program. However, other
Democratic members of the Senate may have a more forward looking interest
and might vote against the proposal to ban filibustering. I suggest that Senate Republicans call Harry Reid's
hand and force him into a decision on whether he wants to call for a Senate vote
on banning filibustering.
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