Is there a simple way to hold Congress & Senate accountable for a straight 'up or down' vote instead of political wrangling?
Democrats playing trump card more often
By JULIE HIRSCHFELD DAVIS, Associated Press Writer Sun Jul 8, 12:40 PM ET
WASHINGTON - It is the closest thing that Senate leaders have to a trump card, the only way to wrestle the famously balky institution into predictable action.
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Lately, though, the nearly century-old tool known as "cloture" has become more of a routine way to score political points. Once, it was a carefully wielded ace used to push a difficult bill past a parliamentary hurdle and into law.
That is because cloture — a way of cutting off debate and setting a final vote in the otherwise ungovernable Senate — has lost much of its potency as a legislative tactic.
Cloture votes were conceived to free the Senate, in exceptional cases, from the whims of a tiny minority. Such votes now serve to showcase the majority party's agenda and the lengths to which the opposing party will stand in the way.
Senate Majority Leader Harry Reid, D-Nev., is on track to shatter the record for cloture motions filed. He highlighted that statistic recently to illustrate what he called "Republican obstructionism."
The strategy mirrors the one Republicans used against then-minority Democrats three years ago in a closely divided Senate. Many believe the GOP's portrayal of then-Minority Leader Tom Daschle, D-S.D., as an obstructionist cost him his seat.
Reid has turned to cloture early and often — 42 times since January. He says it is out of necessity because Republicans — sometimes just a small band of conservatives — have sought to block not only Democrats' priorities but also some initiatives that enjoy bipartisan support.
He used it repeatedly, with disappointing results, on the immigration measure that just collapsed amid bipartisan opposition.
Reid, however, also has used cloture votes to put Republicans on the record on hot-button issues. They include opposing President Bush's Iraq policy, expressing "no confidence" in Attorney General Alberto Gonzales and backing a bill that would unionize workplaces without secret ballot elections.
"We have spent a lot of time on the Republicans delaying what the American people want us to do, and that is legislate," Reid said in a testy exchange with Sen. Mitch McConnell, R-Ky., the minority leader.
McConnell said Reid's use of cloture votes was "a power grab."
"The Senate isn't a factory. We don't push things down the line," McConnell said. "There is a saying about courtship: Shoot for two, end up with zero. So far, this would be a fitting epitaph for a Congress that has sought to do much but has accomplished little."
Cloture emerged in 1917 as a way to limit filibusters, the tactic by which senators use their rights of unlimited debate to delay or block legislation.
President Woodrow Wilson, frustrated by a 23-day filibuster that stalled his proposal to arm merchant ships in World War I, called a special session to consider a cloture proposal.
The Senate, he said, is "the only legislative body in the world which cannot act when its majority is ready for action. A little group of willful men, representing no opinion but their own, have rendered the great government of the United States helpless and contemptible."
The resulting rule held that if two-thirds of the Senate's 100 members agreed, debate on a measure could end and a vote on passing or rejecting the proposal could take place after each senator had an opportunity to speak for another hour.
The high bar for cloture meant it was seldom used and almost never successful. Senate historians say cloture was invoked in only five cases over the next 46 years.
Cloture rules have been revised a number of times, most significantly in 1975. That is when the threshold for ending debate was lowered from two-thirds of the Senate, or 67 senators, to three-fifths, or 60. In 1986, the cap for debate after cloture was shortened, from 100 hours to 30 hours.
Robert B. Dove, the Senate's parliamentary referee between 1965 and 2001, said cloture lost some of its power as political divisions in the Senate became more prominent.
"There used to be a difference between how you voted for cloture and how you felt about the underlying bill. That has all gone by the boards. With the Senate in an incredibly partisan position now and the margins so tight, cloture is really not a great tool," Dove said.
Former Sen. George J. Mitchell, D-Maine, was majority leader in the early 1990s. He said he became accustomed to seeking cloture on matters large and small when he realized that Republicans would object to virtually any action he tried. Both parties are equally guilty of that practice, he added.
"It was more or less in anticipation — and probably based on some specific threat — of filibuster," Mitchell said. "It's common on both sides now that people use it when they think it will advance their political goals and to block legislation that they don't support."
During Mitchell's last two years as majority leader, cloture was sought 80 times, just short of the record of 82 set during the next Congress under Republican Sens. Robert K. Dole of Kansas and Trent Lott of Mississippi.
Some Republicans suggest that Reid's pace toward eclipsing that record might be intended to portray GOP lawmakers in the 2008 election as blocking the nation's business.
"You artificially run up the number of cloture votes and then set out on a search- and-destroy mission to tarnish incumbent Republicans as obstructionists," said Eric Ueland, who served as chief of staff to former Majority Leader Bill Frist, R-Tenn.
Still, with Republican objections coming fast and furious, cloture may be among Democrats' only options. GOP lawmakers spent the last few hours of Senate business before the Fourth of July break blocking final negotiations on broadly supported lobbying overhaul and anti-terrorism legislation.
"It's the only way to manage the floor," said Reid's spokesman, Jim Manley. "The alternative is to do nothing, and that's absolutely unacceptable."
Besides, Mitchell said, campaigning on a theme as obscure as a slew of failed cloture votes would be a tough feat.
"The public's view is, 'You're in charge — you produce,' " he said. "If you don't produce, it's your fault — even if it's the other guys who prevented you."
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On the Net:
Senate background on cloture: http://tinyurl.com/333udm
2007-07-08
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