Changing the Rules

Source: Gary Cameron: Reuters - Business Insider

Source: Gary Cameron: Reuters – Business Insider

In response to the Republican filibuster of President Obama’s nominees for the DC circuit Court of Appeal judges, apart from record filibusters, the US Senate Majority Leader Harry Reid (D-NV) used the simple majority to change the Senate rule requiring a filibustered nomination to be passed by 60 votes.

On November 21, 2013, the historic motion passed 52-48 simply majority votes in a 55 member Democrat-controlled Senate with 1 independent, ending an old rule that ensures protecting the minority party in this case.

3 Democrats went against party lines to vote against the call, including Senator Carl Levin (D-MI). I consider these three senators heroes and wise in their judgement indeed.

I am disappointed with the vote of the only independent senator joining the Democrats in this majoritarian ruling, who has actually participated in a filibusters before, and may know a thing or two about the ills of giving carte blanche to the majority party.

Of course, both parties blamed each other for going far enough to bring about this measure. But at the end of the day, it is the Democratic initiative that is the worse of the two, as it goes against the very spirit of the institution of the US Senate. The terrible part is people on both left and right are only advocating going much further than this, which makes you wonder how little regard they have for such measures that are meant to check absolute power.

Probably no one has described the rule change maneuver called “nuclear option” more clearly, comprehensively, passionately and articulately than Sen. John McCain (R-AZ). Here is what he had to say, and I second and endorse every single word.

It is appalling that some short sighted and authoritarian leaning commentators on the left are celebrating this measure as a political victory, because it really is a common, non-partisan loss for democracy.

Sadly, despite the excessive Republican filibusters and its alleged abuse, the Democratic party and President Barack Obama have only laid bare their authoritarian mindset by supporting this measure, which may appear to be democratic but is majoritarian and contrary to the spirit of the Senate and the function of the bicameral legislature. Particularly appalling because of the views of Democrat senators, including Barack Obama (D-IL), Harry Reid (D-NV) and Joe Biden (D-DE) against such an action in a Republican controlled Senate in 2005. Even though criticized by his own ranks, Minority Leader Mitch McConnell (R-KY) appeared the more responsible of the two leaders, at least on this day.

While the constitution may provide for it, I would not hesitate to term this measure as leaning toward being undemocratic and authoritarian. And as John McCain put it, it was a sad day, for the system of government that makes America great. Especially for me, who looks up to democracy in America, living in a party leadership controlled dictatorship disguised as parliamentary democracy, with hideous provisions such as the 14th Amendment to the Pakistan Constitution.

Why present an executive nomination in Senate for voting anyway, you would ask. It is merely an instrument of obstruction.

You just don’t change the rules when they do not fit your needs and call it fairness.

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