“It is hard to imagine a more fitting job for Congress than for members to join together to pass a broadly popular law that makes democracy safer, stronger and more accessible to all Americans.
Last week, the House of Representatives passed H.R. 1. The bill, a similar version of which the House passed in 2019, is a comprehensive and desperately needed set of reforms that would strengthen voting rights and election security, ban partisan gerrymandering, reduce big money in politics and establish ethics codes for Supreme Court justices, the president and other executive branch officials.
The legislation has the support of at least 50 senators, plus the tiebreaking vote of Vice President Kamala Harris. President Biden is on board and ready to sign it. So what’s the problem? Majority support in the Senate isn’t enough. In the upper chamber, a supermajority of 60 votes is required to pass even the most middling piece of legislation. That requirement is not found in the Constitution; it’s because of the filibuster, a centuries-old parliamentary tool that has been transformed into a weapon for strangling functional government.
This is a singular moment for American democracy, if Democrats are willing to seize it. Whatever grand principles have been used to sustain the filibuster over the years, it is clear as a matter of history, theory and practice that it vindicates none of them. If America is to be governed competently and fairly — if it is to be governed at all — the filibuster must go.” . . .
The most compelling reason to keep the filibuster is its proponents’ argument that the rule prevents a tyranny of the majority in the Senate. That’s the rationale of the two Democrats currently standing in the way of ending it, Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona. They have been steadfast in defending the modern filibuster as part of what they assert is a longstanding Senate custom.” . . .
“. . . The filibuster arose only decades later. John C. Calhoun, a senator from South Carolina used it as a means to protect the interests of slavers like himself from a majority. From its beginnings through the middle of the 20th century, when segregationists like Senator Strom Thurmond, also of South Carolina, used the filibuster to try to kill multiple civil-rights bills, the pattern has been clear: It has been used regularly by those who reject inclusive democracy.” . . .