If GOP takes back Senate, will parties flip views on filibuster, again?
Loading...
: 鈥淲here you stand depends on where you sit.鈥 In other words, your opinions tend to change as you move up and down the hierarchy, or as you take on new tasks.聽
Remember Miles鈥檚 Law if Republicans take control of the Senate in the upcoming midterm election. As the minority party in recent years, Republicans have often used the filibuster to block action on the Senate floor.聽The majority Democrats responded by ending the filibuster for most nominations by presidents, and some have talked about eliminating it for bills. Republicans say that the filibuster is a vital procedural safeguard, while Democrats say it has become a weapon of mindless obstructionism.
A decade ago, Republicans were in the majority and Democrats in the minority. And in keeping with Miles鈥檚 Law, their positions on the filibuster were the opposite of what they are today.聽
: 鈥淭he filibuster is far from a `procedural gimmick.鈥 It is part of the fabric of this institution. ... [T]he filibuster is a critical tool in keeping the majority in check. This central fact has been acknowledged and even praised by senators from both parties鈥.It鈥檚 within the vision of the Founding Fathers of our country. They established a government so that no one person 鈥撀燼nd no single party 鈥 could have total control.鈥
Five days later, Republican whip Mitch McConnell of Kentucky called for limiting the filibuster on judicial nominations.聽: 鈥淭his is about using the filibuster to kill nominations with which the minority disagrees so 41 senators can dictate to the president whom he can nominate to the courts of appeal and to the Supreme Court.鈥
So, assume that Republicans win the Senate this year. And assume further that the 2016 elections keep them in power and bring a Republican to the White House. Will the Senate parties maintain their current positions on the filibuster 鈥 or will they revert back to their 2005 positions?聽
You know what Rufus Miles would say.聽聽And he would probably be right.
The operation of his law extends to just about every other institution in Washington. During their confirmation hearings, Justices Elena Kagan and Sonia Sotomayor both endorsed the idea of having cameras in the Supreme Court.聽. Maybe they have seen what partisan advocates and聽聽have been able to do with audio of oral arguments, and they do not want to watch themselves on 鈥淭he Daily Show.鈥
Examples of Miles鈥檚 Law are especially abundant in the executive branch.
In a debate with Al Gore during the 2000 campaign,聽: 鈥淲e're a freedom-loving nation and if we're an arrogant nation, they'll view us that way, but if we're a humble nation, they'll respect us.鈥 Gore responded: 鈥淚 agree with that.鈥
Even President Bush鈥檚 most ardent supporters would acknowledge that his foreign policy was anything but 鈥渉umble.鈥
Indeed, reacting to President Bush鈥檚 assertive use of military power,聽聽 鈥淭he president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.鈥 聽In 2014, he is claiming that very authority in the fight against the Islamic State.
But former Secretary of Defense Leon Panetta has recently published a book that criticizes his one-time boss for not being forceful enough, especially in the Middle East. President Obama,聽, has 鈥渓ost his way.鈥
聽that the time to air to differences is when 鈥減olicy is being implemented.鈥 He said that tell-all memoirs undercut the presidency because officials wonder whether colleagues 鈥渁re going to write their own books about who was trying to go after who, and who screwed up. It just creates an atmosphere that I think undermines the work that staff to the president have to do.鈥
The former chief of staff was Leon Panetta.
Jack Pitney writes his Looking for Trouble blog exclusively for the Monitor.