Filibusters and Arcane Obstructions in the Senate

Aug 09, 2010 00:00

The Empty Chamber
Just how broken is the Senate?
By George Packer
August 9, 2010

“This is just one of those days when you want to throw up your hands and say, ‘What in the world are we doing?’ ” Senator Claire McCaskill, the Missouri Democrat, said.

“It’s unconscionable,” Carl Levin, the senior Democratic senator from Michigan, said. “The obstructionism has become mindless.”

The Senators were in the Capitol, sunk into armchairs before the marble fireplace in the press lounge, which is directly behind the Senate chamber. It was four-thirty on a Wednesday afternoon. McCaskill, in a matching maroon jacket and top, looked exasperated; Levin glowered over his spectacles.

“Also, it’s a dumb rule in itself,” McCaskill said. “It’s time we started looking at some of these rules.”

She was referring to Senate Rule XXVI, Paragraph 5, which requires unanimous consent for committees and subcommittees to hold hearings after two in the afternoon while the Senate is in session. Both Levin and McCaskill had scheduled hearings that day for two-thirty. Typically, it wouldn’t be difficult to get colleagues to waive the rule; a general and an admiral had flown halfway around the world to appear before Levin’s Armed Services Committee, and McCaskill’s Subcommittee on Contracting Oversight of the Homeland Security Committee was investigating the training of Afghan police. But this was March 24th, the day after President Barack Obama signed the health-care-reform bill, in a victory ceremony at the White House; it was also the day that the Senate was to vote on a reconciliation bill for health-care reform, approved by the House three nights earlier, which would retroactively remove the new law’s most embarrassing sweetheart deals and complete the yearlong process of passing universal health care. Republicans, who had fought the bill as a bloc, were in no mood to make things easy.

So, four hours earlier, when Levin went to the Senate floor and asked for consent to hold his hearing, Senator Richard Burr, Republican of North Carolina, and a member of Levin’s committee, had refused. “I have no personal objection to continuing,” Burr said. But, he added, “there is objection on our side of the aisle. Therefore, I would have to object.”

Burr had to object on behalf of his party because he was the only Republican in the chamber when Levin spoke. In general, when senators give speeches on the floor, their colleagues aren’t around, and the two or three who might be present aren’t listening. They’re joking with aides, or e-mailing Twitter ideas to their press secretaries, or getting their first look at a speech they’re about to give before the eight unmanned cameras that provide a live feed to C-SPAN2. The presiding officer of the Senate-freshmen of the majority party take rotating, hour-long shifts intended to introduce them to the ways of the institution-sits in his chair on the dais, scanning his BlackBerry or reading a Times article about the Senate. Michael Bennet, a freshman Democrat from Colorado, said, “Sit and watch us for seven days-just watch the floor. You know what you’ll see happening? Nothing. When I’m in the chair, I sit there thinking, I wonder what they’re doing in China right now?”

Read more http://www.newyorker.com/reporting/2010/08/09/100809fa_fact_packer#ixzz1UwN9vyCV
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