Senate Needs to Change Rules

The U.S. Senate needs to change its rules. Although I have been critical of the abuse by Republicans of the filibuster, I can understand the protection it provides to a political minority. But recently, we have been treated to examples of how the tyranny of a solitary senator can gum-up the works of government.

Two weeks ago, Senator Jim Bunning of Kentucky single-handedly blocked a bill that would have extended unemployment benefits, along with Cobra health benefits, for over a million-and-a-half people. Bunning’s maneuver also, among other things, halted construction work across the country and cut Medicare payments to doctors.

Because of Republican filibusters, the spending bills needed to fund these essential programs were put-off until they were about to expire. It became necessary for the Democrats to use expedited procedures to continue the programs. Bunning’s objections denied the Senate the “unanimous consent” that Senate rules require for expedited procedures. Finally last week, under pressure from fellow Republicans, Bunning relented.

Bunning, who is retiring, has long been considered a loose cannon and a thorn in the side of the Republicans in Congress. Bunning’s frequent absences from important senate votes and numerous loony statements have led some to question his sanity. He attacked fellow Kentuckian, Senate Minority Leader Mitch McConnell, accusing him of being responsible for lost GOP seats in Congress. When Bunning learned that Republicans would not support his reelection bid, he threatened to resign and let the Democratic governor of Kentucky name his replacement.

This is the problem. One nutty senator has the power to block legislation, even bipartisan legislation, simply by refusing to agree to unanimous consent for the frequently used expedited procedures. The act of halting legislation has not, however, been confined to head-cases like Bunning. Lone senators routinely put holds on legislation and presidential appointments. Perhaps the most egregious case is the recent act of Republican Senator Richard Shelby of Alabama.

Shelby placed a hold on all of President Obama’s nominees in an apparent protest over earmarks. This stopped Senate approval of 70 appointees nominated by the President, including a critical top Defense Department position overseeing deployments to the war in Afghanistan.

Shelby did not act on the basis of any conservative political principle or because he opposed the appointees. His objections were more basic. He believed that he wasn’t getting the amount of pork he deserved. He was frustrated over the Pentagon’s bidding process for air-to-air refueling tankers, which could lead to jobs in Mobile, Alabama. He was also “deeply concerned” that the Administration had not released funds already appropriated for a Terrorist Explosive Device Analytical Center to be built in Alabama.

As a senior member of the Senate Appropriations Committee, Shelby has built his career on steering earmarks to Alabama. He finally released his hold on most of the appointments. White House spokesman Robert Gibbs said: "If you needed one example of what's wrong with this town, it might be that one senator can hold-up 70 qualified individuals to make government better because he didn't get his earmarks."

Senator Jim DeMint (R- S.C.) exercised his own form of protest by holding-up the nomination of the man nominated by President Obama to head the Transportation Security Administration (TSA). You would think that after the attempt to blow-up an airliner on Christmas day, appointment of an administrator for the TSA would be of paramount importance. Not to one demented senator. DeMint did not express any specific opposition to the nominee, a former FBI special agent and counterterrorism expert. He claimed that he needed further testimony to clarify the nominee’s stand on unionizing the TSA.

The Senate needs to change this strange rule that gives a single stubborn senator the power to bring the Senate and the government of the United States to its knees.