ConfirmThem

By DanCT Posted in Senate Rules — Comments () / Email this page » / Leave a comment »

On the Senate floor today, Senator Stevens, who was the minority whip in the Senate when Robert Byrd forced rules changes by threatening the "nuclear option," contrasted the restrained GOP reaction then with the hysterics of today's Democrats:

The senate has the unquestioned power to define its procedures (through rules, precedents, etc.) By majority vote. The power comes straight from the constitution. I know because I’ve seen it done. More importantly, I’ve seen the Senate repeatedly accept the legitimacy of changing the rules by majority vote.

In 1979, I was the minority whip of the senate. Seeking post-cloture and other rules changes, Senator Byrd threatened to exercise the constitutional option. He introduced s. Res. 9 on the opening day of the 96th congress, January 15, 1979, and used the constitutional option threat to leverage a time agreement, which he got on February 7, 1979. Senator Byrd expressly threatened to use the constitutional option and actually offered a motion to that effect. He stated, “So, I say to senators again that the time has come to change the rules. I want to change them in an orderly fashion. I want a time agreement. But, barring that, if I have to be forced into a corner to try for a majority vote I will do it because I am going to do my duty as I see my duty…�

Having threatened use of the constitutional option to secure a time agreement, Senator Byrd offered a motion to execute the option: he stated, “I send to the desk a privileged resolution to amend the standing rules of the senate, and I move pursuant to article I, section 5 of the constitution, the senate proceed to its immediate consideration without debate of the motion.�

Senator Baker appointed me to lead a task force to craft a republican response. Senators Hatfield, Javits, McClure and Helms were also part of the task force. The agreement provided that the post-cloture rules change provisions of s. Res. 9 would be split out for separate treatment, but if they were not agreed to by 6 pm on February 22, 1979, then the senate would proceed to consider s. Res. 9 as a whole.

Each day of session from January 15 to February 22, Senator Byrd recessed the Senate, in order to continue legislative day January 15. This kept the constitutional option looming over the senate, because Senator Byrd could say that he was making a rules change at the beginning of congress (first legislative day). The post-cloture provisions were broken out as S. Res. 61. They were considered for debate and amendment over four days. The resolution was agreed to on February 22, and per an understanding with senator baker, Senator Byrd put s. Res. 9 on the calendar and adjourned the senate, ending the threat of the constitutional option.

As a member of the minority at the time, and as one of the chief negotiators in this issue, I knew very clearly that if we did not compromise with Senator Byrd and the majority, he would institute the constitutional option. At no time did republicans threaten to shut down the senate or engage in dilatory tactics. We never challenged the legitimacy of the constitutional option or accused Senator Byrd of "destroying" the Senate. We worked it out. But in the end, Senator Byrd got his way. The rules were changed because of Senator Byrd’s threat – this was a change of our rules.

Today's Democrats may not have an elephant's memory, but they sure know how to bray.

How could the Democrats get away with it so easily 25 or 30 years ago but Republicans are having such a hard time of it now? It's easy to carp about the GOP having no spine. Perhaps, but what the Democrats had then and still have today is the full power of the MSM on their side. E.g., imagine if Tom Delay's team had the same kind of real, honest-to-goodness ethical problems that Hilary's team is currently enmeshed in. He'd be hounded out of office in a heartbeat, but we hear barely a whisper about Hilary. The breakout of the blog, talk radio, and other alternative media is a beautiful thing, but their combined power still doesn't hold a candle to the power of the MSM.