The Road to Reform: Democrats and the Filibuster in the Senate

To achieve significant legislative reform, particularly the elimination of the filibuster, Democrats must take concrete steps and demonstrate a compelling case for its necessity. The recent deadlock between the party and Republican Senate obstructionists has made it evident that the current system is untenable if preservation of our legislative democracy is to be prioritized.

The Case for Reform

The filibuster, a procedural tool designed to ensure a thorough debate of legislation, has evolved into a mechanism of pure obstructionism, especially in the current Senate. As political scientist Lee Drutman argues, the filibuster is often used 'not to speak to—I repeat, not to speak to—questions of either principle or policy, but to manufacture a fiction of majoritarian democracy.'

The Senate originally included the filibuster to ensure that minority voices could be heard. However, as political power has shifted, the filibuster has effectively become a tool for preventing major legislation from passing, regardless of its popularity among the electorate. This has led to a significant democratic deficit, undermining the ability of the people to have their voices heard in the legislative process.

Strategies for Overcoming Obstruction

The most straightforward approach would be for the Democrats to secure a majority in the Senate through the 2022 election. With a solid majority, they could pass significant legislation without the need for the supermajority required to invoke cloture on a filibustered bill. However, this strategy alone may not be sufficient to convince moderate Democrats and independents like Kyrsten Sinema and Joe Manchin to support reform.

To gain the support of Sinema and Manchin, Democrats must make a clear and compelling case for the necessity of filibuster reform. As Sen. Joe Manchin has stated, 'The premise of the Senate is not to debate to death. The premise of the Senate is to work together and find a way forward.' However, Manchin's pragmatic stance requires a convincing argument that reform is necessary for Congress to address the most pressing issues of the day.

West Virginia Politics and Pragmatism

West Virginia politics, known for its pragmatism, provides a telling example of what it takes to navigate and possibly reform the Senate. In the past, West Virginia senators like Robert Byrd and Mack Robinson emphasized the value of compromise and practical solutions. Byrd, in particular, was known for his negotiating skills, often using his position to leverage support for local causes in exchange for votes on legislation.

Anecdotally, a story is often told demonstrating Byrd's pragmatism and his ability to secure votes for large projects by making them personally beneficial. The narrative goes like this:

Kennedy (who was, of course, much better at stirring people up and got a huge amount of support to get that Pentagon out of West Virginia), probably would have been very happy to relocate the Pentagon out of D.C. if he had been able to do so. In January, 1990, Kennedy asked Byrd and Rockefeller to introduce a bill to begin the process. After Byrd voted against it, Kennedy asked Byrd why he had voted against the move. Byrd replied, 'Kennedy, if you had asked me to move it to West Virginia and get me a lot of infrastructure and jobs, I would have changed my vote.'

This story is illustrative of Byrd's approach to political negotiation and demonstrates the power of local benefits in persuading senators to support reform. To overcome obstruction, Democrats must present a compelling case that reform will bring significant benefits to their constituents, such as job creation, infrastructure improvements, and policy wins on key issues.

Conclusion

While the upcoming Senate elections in 2022 present a potential path to majority control, Democrats must also carefully craft their argument for filibuster reform to secure the support of crucial senators like Manchin and Sinema. By framing the need for reform in terms of practical, locally beneficial outcomes, Democrats can build a broader coalition of support for legislative reform. This approach must balance the need for majoritarian action with the imperatives of bipartisanship and legislative tradition, ensuring that the Senate remains a functional and effective component of our democratic system.