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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWe can bypass the filibuster WITHOUT the Liebercrat Manchin. Here's how.
The Senate is an laughably outdated and unrepresentative institution that has outlived its usefulness and is mired in unintelligible rules and customs that has ground governance to a halt.
Fortunately, one of those sets of dumb rules provides an avenue for the Democrats to blow up the filibuster without the help of Manchin of Sinema.
We all know that the Senate can pass legislation via a simple majority through reconciliation, right? But that option is only available for pure spending bills, thanks to the Byrd rule, and the Senate parliamentarian can decide whether a bill passes muster under the Byrd rule.
But Kamala Harris can overrule the parliamentarian's decision, and it takes a 60-vote supermajority to override that move. That means, Senate Democrats can be free to pass whatever legislation they want, be it voting reform or DC statehood.
Of course, there may be some provisos to using that pathway, but this shows that the filibuster is just a boogieman used to keep Democrats in line. If Biden and Harris and the rest of the Democrats finally flex their muscle and exercise political gamesmanship of their own, they can finally overcome the longstanding obstructionism.
Response to wellst0nev0ter (Original post)
Post removed
OnDoutside
(19,969 posts)MichMan
(11,960 posts)In order to threaten them with blackmail
FBaggins
(26,757 posts)It takes 51 votes to back her up. The parliamentarian and presiding officer have no actual power.
This is essentially the same nutty logic that gave Trump the notion that his VP could reject some electoral votes.
wellst0nev0ter
(7,509 posts)to overrule the parliamentarian. Nelson Rockefeller did not need any votes when he overruled the parliamentarian in 1975.
The only problem is that you need the vote of 51 Dems to pass bills, which will finally put both Manchin and Sinema on the hot seat to either put up or shut up. No more hiding behind the filibuster like a coward.
This option is way better than having the goops perpetually obstruct Biden's agenda.
FBaggins
(26,757 posts)The presiding officer (not just Harris) can overrule the parliamentarian. The problem is that a single senator can challenge that determination and put it to a vote of the full senate. And it doesnt take 60 votes to defeat her position... it takes a majority to uphold it. A majority that she doesnt have.
The point is that the presiding officer has no inherent power at all. She can only act if she has a majority of senators behind her.
wellst0nev0ter
(7,509 posts)Because everywhere else I see, you need a supermajority to overrule the action of the vice president.
I'm happy to be proven wrong.
FBaggins
(26,757 posts)Your first clue should have been when you thought Hmmm... I wonder why I know something that all those senators are ignorant of?
wellst0nev0ter
(7,509 posts)And also:
https://thehill.com/blogs/congress-blog/politics/541706-congresss-parliamentarians-do-not-hand-down-rulings
FBaggins
(26,757 posts)All that says is that you cant appeal things like which senator the chair hears first when they rise to make a point on inquiry.
It has nothing to do with the chairs ability to evaluate senate rules.
TwilightZone
(25,473 posts)In fact, the assertion is so laughably false that it's not worth a debate.
For one, you might want to try counting to 51 without including Manchin and Sinema.
wellst0nev0ter
(7,509 posts)This pathway will force Manchin and Sinema to either vote with the Dems or the goops. No more hiding behind the filibuster.