ConfirmThem

By Paul Zummo Posted in Fillibuster — Comments () / Email this page » / Leave a comment »

As a conservative I am supposed to be inclined to liking the filibuster, but quite frankly I feel no great desire to preserve it - be it for judicial nominations or otherwise. The argument usually put forward is that it provides a means for clogging up the machinery of government, if you will. This is an appealing argument for those of us who prefer to see the government act in a deliberative manner before enacting legislation. But the Constitution already places enough brakes in the machinery of government that the filibuster is rather superfluous. The separation of powers, the bicameral legislature comprised of one body that represents the people while the other represents the states, federalism, and the limited powers granted to the federal government should theoretically suffice to slow down the government.

Perhaps the problem is that the theory has not proven to be adequately true. In particular, the direct election of Senators and the breakdown of federalism have contributed to the weakening of those brakes on the government. The filibuster has become a conservative tool that has, in essence, replaced the original constitutional designs. But the filibuster does more than slow down the government; it places overwhelming power in the hands of determined minorities to effectively shut down the government.

It is one thing to want reasoned and deliberative debate, but quite another to use that desire to manipulate the mechanics of government and completely shut down the legislative or confirmation process. The idea that the elimination of the filibuster would end all debate and make the Senate a mere rubber stamp is farcical. Remove the filibuster and the Senate will remain the body of Congress that slows everything down because that is the nature of the beast. 100 egos that big will not be cowed by the mere absence of such a device.

If conservatives are concerned about maintaining a mechanism that curtails the activism of the federal government, then restoring federalism is a much better bet. And how can we go about achieving this? By confirming justices who will not use the Constitution as their personal plaything so as to dictate to the states what they can and cannot do. And how can we get more justices of such a mindset? End the minority filibuster.

See how that works?