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Biden: 'No Democracy Has Survived Needing A Supermajority'

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Vice President Joe Biden slammed the Republican's use of the Senate's supermajority rules yesterday, saying that he's never before seen "the Constitution stood on its head as they've done," and that "no democracy has survived needing a supermajority."

At a private fundraiser in Florida, Biden spoke out harshly against the need for 60 senators for "every single solitary decision."

According to the pool report, Biden said "he's never seen, as my uncle once said, the Constitution stood on its head as they've done. This is the first time every single solitary decisions has required 60 senators."

He continued: "No democracy has survived needing a supermajority."

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January 18, 2010 9:12 AM   

Damn straight. It's time to either kill the filibuster or lower the threshold for cloture to a more reasonable 55 votes.

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January 18, 2010 9:12 AM   

VP Biden is the perfect person to be out there, IN PUBLIC, saying this over and over again. It keeps Pres. Obama above the fray, while drawing attention to the perversion of Democracy the GOP is partaking in. Plus he's got decades in the Senate, so there is even more authority and weight behind this attack coming from him.

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January 18, 2010 9:27 AM   

55 is a good threshold. Adding a few retired Senators from both parties to the chorus along with Biden would go a long way towards getting this done.

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January 18, 2010 9:27 AM   

Well said. This way the senate and house is run is pretty much a joke. Our founding forefathers did not intend this.

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January 18, 2010 10:30 AM    in reply to hologram5

The House is not a joke at all. Procedurally, it's very well organized and one of the most streamlined legislatures I'm aware of. The Senate is the problem.

Don't confuse the two--Senate and House procedure are very different.

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January 18, 2010 9:32 AM   

This 60 votes BS has to end. No Senate -- Republican controlled or Democrat controlled -- should have to put up with this.

The founding fathers didn't want the Senate to be the ultimate veto point that chokes the entire Federal government. But that is what it has become. At this point, Republicans would filibuster a vote on what color to paint the Senate cloak room. This is ridiculous.

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January 18, 2010 9:43 AM    in reply to cambridgeMR

It has become thr Tyranny of the Minority.

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January 18, 2010 10:17 AM    in reply to cambridgeMR

The founding fathers didn't want the Senate to be the ultimate veto point that chokes the entire Federal government.

I'm not convinced of that. The Founding Fathers wanted the Senate to be the chokepoint that stopped the Federal government from interfering with State sovereignty, which is why for the first century of American history our Senators were not popularly elected. We ultimately changed that over a century later because vacancies were common when state legislatures couldn't agree on who to elect.

Honestly, though, what the Founding Fathers wanted is of little relevance to the government structure we have today, where the Senate is elected by the public, Presidential electors are popularly chosen, black people are a whole person instead of three-fifths of one, women and men who do not own property can vote, etc.

Don't invoke the Founding Fathers. Their vision of American society is not the one we live in, nor is their vision of American society an ideal we generally approve of today.

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January 18, 2010 1:00 PM    in reply to Icon

Don't invoke the Founding Fathers. Their vision of American society is not the one we live in, nor is their vision of American society an ideal we generally approve of today.

Well said! I would add that the founders went into this clear-eyed; they knew that societies change, and willfully wrote the Constitution to generally steer clear of policy and to be changeable in the future. Then in the first few years of the nation the founders (who were still generally running the government) established the precedents for judicial stewardship of constitutional interpretation. So this idea that we're supposed to forever be asking what the founders meant it absurd; the founders themselves wouldn't buy that malarkey!

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January 25, 2010 12:34 AM    in reply to Icon

I’m sorry but I will invoke the Founding Fathers of this Constitutional Republic anytime I feel like it. It seems Joe Biden is unaware of the fact we have a “Republican form of Government”, not a Democracy. In fact Democracy is not found in our Constitution because our Founding Fathers knew the ills of Democracy and that is why they gave us a Constitutional Republic instead. The ills of Democracy were dually noted in the 60-40 vote on H.R. 3590--to force American citizens to pay for the Health Care of Mexican Citizens before forcing the Mexican Government to pay for their own citizen’s health care here in America illegally is quite unconstitutional.
The possibility of filibusters creates a powerful incentive for Senators to strive for “Legislative Consensus”. The votes of only 51 Senators are needed to pass a bill on the floor. It can, however, require the votes of 60 Senators to invoke cloture on the bill in order to overcome a filibuster and enable the Senate to reach that vote on final passage. Knowing this, a bill’s supporters have good reason to write it in a way that will attract the support of at least three-fifths of all Senators. Since 1980, neither party has ever held 60% of all the seats in the Senate. Thus, as long as this situation persists, every bill that the Senate passes must enjoy at least a minimal degree of bipartisan acceptance.
The Founding Fathers could never fathom how partisan the Senate would become, so how do you know if they would be against the “Filibuster”. Heck the Filibuster is what saved this Republic from the tyranny of Progressivism along with the election of Scott Brown. I’m sure the Founders would have approved of the filibuster knowing how Progressives have trampled on the Constitution over the years.

So, no I disagree with you completely….have a nice day!

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January 25, 2010 2:24 PM    in reply to DugFmJamul

to force American citizens to pay for the Health Care of Mexican Citizens before forcing the Mexican Government to pay for their own citizen’s health care here in America illegally is quite unconstitutional.

There is no such provision in the bill. Actually, the anti-illegal immigrant language is stronger than it probably should be because it's written in an inherently wasteful way.

Oh, and by the way, the vote was 60-39, not 60-40.

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January 25, 2010 8:54 PM    in reply to Icon

OK, 60-39-1 to be precise. Please explain to me how H.R. 3590 validates U.S. citizenship to qualify someone for the Health Exchange?

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January 18, 2010 9:46 AM   

I'm amazed we still think we have a democracy. It is morelike an oligarchy to me. The legislative battles in congress have proved the money has more to do with what gets passed than the will of the people. If the polls are correct, and people prefer a particular legislation around 70% to 30% and it can't get passed because of politicl donations (bribes), it is an oligarchy.

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January 18, 2010 2:48 PM    in reply to nellieh

You say oligarchy, I say plutocracy ...

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January 18, 2010 9:48 AM   

Ditto to ending the filibuster....The Democrats need to pursue wise, rational and pragmatic policies to address the economy, health care,climate change, immigration and other pressing issues. There is basically a consensus on the progressive side as to what needs to be done, we just need the political toughness to enact legislation before this "window of opportunity" with large Demcratic majorities closes....ending the filibuster is about the only way to do it. Conservative ideas have failed miserably; we need to prove that progressive ideas work and can solve problems and lead to a better country and world. If we succeed we should have a majority for a generation or more, but we have to act NOW while there is still a brief amount of time.

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January 18, 2010 9:52 AM   

Biden should use California as an example of what happens when a minority can block all important decisions. The government there is paralyzed while the state sinks all around them.

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January 18, 2010 11:39 AM    in reply to DryHeat

Bingo! The reson Cali is in so much financial turmoil is because a 2/3 majority is needed to do anything in Sacramento! Which means reguardless of who gets elected Governor there will always be enough of said governors political opponents in the state legislature to block anything they try to do! Supermajority's translate into political gridlock!

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January 18, 2010 9:58 AM   

You look at this dumb, doofus jerk Biden, & realize we could have had Sensational Sarah Palin is his job... then, you really understand his level of incompetence.

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January 18, 2010 11:31 AM    in reply to Sailormarlowe

Take a cold shower or something.

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January 18, 2010 10:03 AM   

Some Democrats worry about losing the ability to filibuster when they are in the minority, but that is an illusion. Most decisions made by congress are about making the government function in some way. Speaking broadly, the Democrats want the government to function and the Republicans don't. So Republicans can actually filibuster and bring the government to a halt on a particular issue, but Democrats have to break down and make some kind of deal to keep things going.

It's a one-way street, and we should close it.

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slb

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January 18, 2010 1:36 PM    in reply to DryHeat

Right; they could have used the filibuster a lot more than they did during the Bush years when they were in the minority, but they didn't. And the reason they did not is exactly as you say, that at the end of the day, Democrats want government to work, and they are just not inclined to jam up the gears.

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January 18, 2010 10:07 AM   

Historically, parliamentary precedent is such that only a vote of two-thirds may limit the body, either by imposing special restrictions on debate or ending debate immeditely. This is becacuse while majority rules, the minority must be treated fairly and have the right to be heard. Thus, historically parliamentarians would only allow a vote of two-thirds to cut off debate, because a vote of two-thirds indicates broad support for the proposal and that the minority is small enough that it can be fairly ignored.

It also prevents any one member (or a small group of members) of the body from obstructing the body's ability to make decisions that have broad appeal among every other. While this works well in a private organization and in smaller government bodies, it does not work well in large legislatures.

The problem with a two-thirds rule in such bodies is that governments have a variety of regular business that they need to transact, and failure to do so can cause broad economic and social problems. While the Senate originally had no cloture rule, eventually it was created at a two-thirds threshold. It was later lowered to the current three-fifths level.

Since there is normally no way to distinguish routine business (such as budgets) from special business (new laws or rules) the reconciliation procedure in the US Senate was created to empower the majority to pass routine business without worry about a filibuster. Many if not most world legislative bodies have dispensed with the need for two-thirds (or even anything more than majority) to pass motions limiting debate (even on non-routine business), relying on the principle of fairness to give minority parties time to be heard.

I believe the US Senate should follow suit, but doing so with anything less than a vote of two-thirds would reverse a lot of Senate precedent and may have unintended procedural consequences. Being that I am not a Senate parliamentarian, I am not an expert on what those consequences could be, but the procedure the House uses seems to work pretty well.

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January 18, 2010 1:49 PM    in reply to Icon

I agree with you; even though the Republicans were primed to try to eliminate the filibuster with a simple majority vote, I never thought that was the right way to go about it, and I would not like to see the Democrats use the same approach.

Unfortunately, though, that almost certainly means that the filibuster rules cannot be changed in this session. And that means more obstructionism. If Brown wins Kennedy's seat, it may mean that nothing at all gets passed for the remainder of this Congress. Democrats need to make Republicans pay a political price for their scorched-earth strategy.

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January 18, 2010 7:42 PM    in reply to slb

As much as I oppose it, I don't really see anyway to make Republicans pay besides the nuclear option, though. The Republicans win points by shutting the Senate down.

The people on the right want the GOP to interfere with Senate business. The people on the left will demand the Dems go nuclear. The people who are in the middle will stay uninformed and assume that if nothing's getting done in Washington it's the ruling party's fault.

Ultimately, all three work for the GOP. The Dems' base are disappointed and won't drive turnout. The GOP's base is status quo, and the independents want a change.

Honestly, if Brown wins, the political cost of the Dems going nuclear may be less than the opportunity political cost of them not going nuclear.

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January 18, 2010 10:08 AM   

Biden is right. It hasn't.

The Dems have been bamboozled by the likes of Snowe and Collins on healthcare, not to mention their own idiotic members like Nelson and Blanche Lincoln.

The Republicans have always played dirty and the hapless, stupid Dems have lost their ability to do the same. I say kick Harry Reid off his perch as Senate majority leader, get someone in with a pair, and go nuclear.

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January 18, 2010 10:18 AM   

He's full of shit, somewhat.

Obama and the senate leadership want it this way, it's an excuse for not getting things passed that they don't really want to get passed.

Every democratic senator, plus Arlen Specter, voted for EFCA, and then after Obama is elected, EFCA is off the table? Bullshit. They only voted for EFCA because they knew Bush would veto it. Now without Bush, it "can't" pass in Biden's bullshit Senate.

They don't want health care and they don't want EFCA.

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January 18, 2010 12:11 PM    in reply to Carlos

Biden doesn't run the Senate.

While nominally President of the Senate and able to break ties, the Vice Preisdent is relatively uninvolved in its day-to-day business. Blame Harry Reid or the conservative Democrats, not Biden.

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January 18, 2010 11:04 AM   

Amen Joe!!!!

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January 18, 2010 11:20 AM   

First we have a Senator invoke Hofstadter and the threat of Christian Middle-American Fascism...now this...he's right of course..."Democracies" do not survive under such conditions...and since we have never had a democracy in this country and since we have instead had various forms of oligarchy and fascism...what is clear is that the current system looks exactly like what any well-read person would recognize as a system on the brink...

so it goes...

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January 18, 2010 11:30 AM   

The 60 vote rule has got to go ff we have any hope of getting any decent legislation passed by this undemocratic, calcified Senate.

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January 18, 2010 11:41 AM   

Biden May Be Laying The Groundwork-Hopefully:

By: ducdebrabant, Democratic Strategist, 1/16/2010

“If Brown wins, Obama and Reid have a simple choice before them;
They can allow Republican Senators to filibuster all major legislation during 2010, which is not a choice at all since it would spell disaster for Democratic candidates in both the Senate and the House in November, or they can change the senate rules on filibusters through means as simple as one recently advanced in a New York Times Op-Ed by Tom Geoghegan;

"The president of the Senate, the vice president himself, could issue an opinion from the chair that the filibuster is unconstitutional. Our first vice presidents, John Adams and Thomas Jefferson, felt a serious obligation to resolve the ties and tangles of an evenly divided Senate, and they would not have shrunk from such a challenge."

Or through the strategy Jamie Court described in The Huffington Post;
"Rule 22 of the Senate, governing filibusters, can be changed or eliminated by a simple majority according to the US Supreme Court in U.S. v. Ballin (1892). Senate rules call for 67 to change the cloture rule, but Democrats should be able to rewrite the rules since they control the Rules Committee. Rule 22 can go out the door all together or be modified. Republicans under Senate Majority Leader Bill Frist threatened to blow up the filibuster in 2005 with far fewer numbers."

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January 18, 2010 11:49 AM   

Ever since the Dems bowed to Republicans threats to invoke the "nuclear option" unless they agreed not to fillibuster Bush's judicial nominees, I have argued that the fillibuster needs to be abolished. Anything less than that amounts to unilateral disarmament.

Sadly, the Dems have proven so craven and spineless that they have allowed Republican obstructionists to abuse the fillibuster to gut and possibly block health care reform altogether as well as block much of Obama's aenda for a full year. Plan B is NOT to have the House pass the Senate version of HCR verbatim. Plan B is to grow a pair, change the Senate rules and pass HCR on a straight majority vote!

Of course, with Miss Hathaway as Senate majority Leader, I don't plan on holding my breath...

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January 18, 2010 12:05 PM   

Biden, the biggest parasite in the Senate.

This same man who wrote all the current bankruptcy laws while his son was a lobbiest for the banking cabal shouldn't be trusted with...anything.

Here's an idea. fix the economy and keep the promises you and the new messiah made.

HOPE indeed.

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January 18, 2010 12:17 PM    in reply to doggie daddy

Please!

I wouldn't have voted for the bankruptcy reform bill that Biden pushed and it is one reason why I didn't vote for him in the Presidential primary, but the reforms were hardly draconian. The biggest problem I have with them is not that they aren't reasonable, but that the same rules aren't being applied to corporations.

The fillibuster was a useful curb on the potential rise of an abusive majority in the Senate, however, much like a narcotic it loses it's beneficial effects when abused. As long as both parties exeercised self control, ivoking it only in extreme circumstances, it was a good thing, however, the Republicans have proven themselves as trustworthy with the fillibuster as Rush Limbaugh with a bottle of Oxycontin and Viagra.

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January 18, 2010 12:20 PM    in reply to doggie daddy

The economy isn't something you can snap your fingers and make better. If things were that simple, they'd have been done already. No one wants the economy to improve more than Democrats in Congress--No one. Why? Because they will take the blame if it doesn't, and they know that.

Fiscal stimulus doesn't have as much of an immediate impact on issues like employment as people might like, but the situation will become much better as 2010 progresses.

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January 18, 2010 12:40 PM   

Time to end the filibuster--or if not, please get Harry Reid to make the morons actually stand there and keep their speech going until they drop or say uncle!

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May 16, 2010 4:56 PM   

He's full of shit, somewhat.

Obama and the senate leadership want it this way, it's an excuse for not getting things passed that they don't really want to get passed.

Every democratic senator, plus Arlen Specter, voted for EFCA, and then after Obama is elected, EFCA is off the table? Bullshit. They only voted for EFCA because they knew Bush would veto it. Now without Bush, it "can't" pass in Biden's bullshit Senate.

They don't want health care and they don't want EFCA.

m65 kamagra

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