Tom McClintock, a member of Congress from California, has offered the Senate some advice on changing its rules in a speech to Hillsdale College reprinted in the latest edition of Imprimis. In short, McClintock proposes that the Senate rescind a change to the filibuster rule instituted in 1970.
The filibuster was instituted with a noble goal, to allow an issue to be fully debated before it is closed and put to a vote. But it's become obvious that it has had the exact opposite effect. 41 senators can block any bill because 60 are required to invoke cloture and move to a vote.
Before 1970, every matter brought up for debate had to be resolved before moving on to the next. This forced a filibustering minority to hold the floor and keep talking if they wanted to block a bill. But in 1970 the Senate adopted a rule permitting a question to be put aside while the others were brought to a vote. This rule allowed for no-cost filibusters and the numbers of them exploded in the years following the rule change.
McClintock recommends rescinding the two-track rule, re-imposing or enforcing existing limits on the number of speeches each senator may make and introducing a new concept previously not part of Senate procedure - germaneness.
It seems like a good idea to me, if the Senate can get past the fact that it comes from the other side of the Capitol.
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