Exceptions to the Rule
Exceptions to the Rule

Author: Molly E. Reynolds

Publisher: Brookings Institution Press

Published: 2017-07-18

Total Pages: 290

ISBN-13: 0815729979

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Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.

Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy
Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy

Author: Adam Jentleson

Publisher: Liveright Publishing

Published: 2021-01-12

Total Pages: 301

ISBN-13: 1631497782

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With a new epilogue on filibuster battles under the Biden administration THE CASE FOR ENDING THE FILIBUSTER "A truly excellent book… blistering and persuasive.” —Ezra Klein, New York Times An insider’s account of how politicians representing a radical white minority of Americans have used “the world’s greatest deliberative body” to hijack our democracy. Our democracy is under assault from homegrown authoritarians, with most observers blaming Donald Trump and the Republican Party that submitted to him. Yet as Adam Jentleson shows, the problem not only goes back to the nineteenth century, but is less about the presidency than it is about our nation’s most venerated institution: the United States Senate. A revelatory history of minority rule in America as expressed through the Senate filibuster, Kill Switch shows that white conservatives have long relied on the filibuster—which is not featured in the Constitution, and which, as Jentleson demonstrates, the Framers would have opposed—to shut down attempts to create a multiracial democracy. Featuring a new epilogue on filibuster battles under the Biden administration, Kill Switch will remain an essential warning about the costs of empowering this nation’s right-wing minority. • “Jentleson understands the inner workings of the institution, down to the most granular details, showing precisely how arcane procedural rules can be leveraged to dramatic effect.” —Jennifer Szalai, New York Times • “Careful and thorough and exacting.” —Michael Tomasky, New York Review of Books • “[An] excellent, surprising new book.” —Benjamin Wallace-Wells, The New Yorker

Filibustering
Filibustering

Author: Gregory Koger

Publisher: University of Chicago Press

Published: 2010-06-15

Total Pages: 241

ISBN-13: 0226449661

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In the modern Congress, one of the highest hurdles for major bills or nominations is gaining the sixty votes necessary to shut off a filibuster in the Senate. But this wasn’t always the case. Both citizens and scholars tend to think of the legislative process as a game played by the rules in which votes are the critical commodity—the side that has the most votes wins. In this comprehensive volume,Gregory Koger shows, on the contrary, that filibustering is a game with slippery rules in which legislators who think fast and try hard can triumph over superior numbers. Filibustering explains how and why obstruction has been institutionalized in the U.S. Senate over the last fifty years, and how this transformation affects politics and policymaking. Koger also traces the lively history of filibustering in the U.S. House during the nineteenth century and measures the effects of filibustering—bills killed, compromises struck, and new issues raised by obstruction. Unparalleled in the depth of its theory and its combination of historical and political analysis, Filibustering will be the definitive study of its subject for years to come.

The Senate Syndrome
The Senate Syndrome

Author: Steven S. Smith

Publisher: University of Oklahoma Press

Published: 2014-03-20

Total Pages: 455

ISBN-13: 0806145927

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With its rock-bottom approval ratings, acrimonious partisan battles, and apparent inability to do its legislative business, the U.S. Senate might easily be deemed unworthy of attention, if not downright irrelevant. This book tells us that would be a mistake. Because the Senate has become the place where the policy-making process most frequently stalls, any effective resolution to our polarized politics demands a clear understanding of how the formerly august legislative body once worked and how it came to the present crisis. Steven S. Smith provides that understanding in The Senate Syndrome. Like the Senate itself, Smith’s account is grounded in history. Countering a cacophony of inexpert opinion and a widespread misunderstanding of political and legislative history, the book fills in a world of missing information—about debates among senators concerning fundamental democratic processes and the workings of institutional rules, procedures, and norms. And Smith does so in a clear and engaging manner. He puts the present problems of the Senate—the “Senate syndrome,” as he calls them—into historical context by explaining how particular ideas and procedures were first framed and how they transformed with the times. Along the way he debunks a number of myths about the Senate, many perpetuated by senators themselves, and makes some pointed observations about the media’s coverage of Congress. The Senate Syndrome goes beyond explaining such seeming technicalities as the difference between regular filibusters and post-cloture filibusters, the importance of chair rulings, the changing role of the parliamentarian, and the debate over whether appeals of points of order should be subject to cloture margins, to show why understanding them matters. At stake is resolution of the Senate syndrome, and the critical underlying struggle between majority rule and minority rights in American policy making.

Inside the Campaign Finance Battle
Inside the Campaign Finance Battle

Author: Anthony Corrado

Publisher: Rowman & Littlefield

Published: 2004-05-26

Total Pages: 512

ISBN-13: 9780815715849

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In 2002 Congress enacted the Bipartisan Campaign Reform Act (BCRA), the first major revision of federal campaign finance law in a generation. In March 2001, after a fiercely contested and highly divisive seven-year partisan legislative battle, the Senate passed S. 27, known as the McCain-Feingold legislation. The House responded by passing H.R. 2356, companion legislation known as Shays-Meehan, in February 2002. The Senate then approved the House-passed version, and President George W. Bush signed BCRA into law on March 27, 2002, stating that the bill had "flaws" but overall "improves the current system of financing for federal campaigns." The Reform Act was taken to court within hours of the President's signature. Dozens of interest groups and lawmakers who had opposed passage of the Act in Congress lodged complaints that challenged the constitutionality of virtually every aspect of the new law. Following review by a special three-judge panel, the case is expected to reach the U.S. Supreme Court in 2003. This litigation constitutes the most important campaign finance case since the Supreme Court issued its decision in Buckley v. Valeo more than twenty-five years ago. The testimony, submitted by some of the country's most knowledgeable political scientists and most experienced politicians, constitutes an invaluable body of knowledge about the complexities of campaign finance and the role of money in our political system. Unfortunately, only the lawyers, political scientists, and practitioners actually involved in the litigation have seen most of this writing—until now. Ins ide the Campaign Finance Battle makes key testimony in this historic case available to a general readership, in the process shedding new light on campaign finance practices central to the congressional debate on the reform act and to the landmark litigation challenging its constitutionality.

Filibuster
Filibuster

Author: Gregory J. Wawro

Publisher: Princeton University Press

Published: 2013-10-24

Total Pages: 328

ISBN-13: 1400849470

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Parliamentary obstruction, popularly known as the "filibuster," has been a defining feature of the U.S. Senate throughout its history. In this book, Gregory J. Wawro and Eric Schickler explain how the Senate managed to satisfy its lawmaking role during the nineteenth and early twentieth century, when it lacked seemingly essential formal rules for governing debate. What prevented the Senate from self-destructing during this time? The authors argue that in a system where filibusters played out as wars of attrition, the threat of rule changes prevented the institution from devolving into parliamentary chaos. They show that institutional patterns of behavior induced by inherited rules did not render Senate rules immune from fundamental changes. The authors' theoretical arguments are supported through a combination of extensive quantitative and case-study analysis, which spans a broad swath of history. They consider how changes in the larger institutional and political context--such as the expansion of the country and the move to direct election of senators--led to changes in the Senate regarding debate rules. They further investigate the impact these changes had on the functioning of the Senate. The book concludes with a discussion relating battles over obstruction in the Senate's past to recent conflicts over judicial nominations.