Senate Filibuster Becomes House of Lords Tyranny

My comments are usually Tax and Social Security reform but I have now added Senate Reform.

The Senate has adopted rules that have essentially changed its Legislative balance from its intended foundation set by the Founders of our nation and as laid out in the Constitution. Their adoption and implementation of some rules have altered its operations from being a balance to the People's House - The House of Representatives - to a 18th Century British House of Lords where a Minority of Senators in this democratic body have dictatorial power(veto power) not given to them by our Constitution but assumed by the misuse of some rules or adoption of unconstitutional rules.

The Minority to be protected is not a minority within the Senate but the Minority of people represented by a Senator from a smaller State versus the larger number of people a Senator represents from a larger State. Two Senators from each State balances out the proportional representation of the House of Representatives. This is the minority protection intended by the Founders not the added rules that have elevated the Senate to a Tyranny over the House where a super majority is required to have House Legislation sent up to the Senate voted on. The check and balance over Legislation sent from the People's representatives is 100 Senators, 2 from each State that votes on all matters sent to them for consideration.

The Filibuster is an added rule by the Senate that is not in the Constitution. Ask yourself, how many City Councils or Town Boards operate the people's business this way? How many School Boards operate with Robert's Rules of Order and add in a Filibuster or cloture rule? . Legislation and Nominations are voted on by the majority not prevented from a vote and blocked by a minority with an improper use of a Cloture rule.

Even as a tradition the Filibuster has been changed in the last generation and no longer resembles the Jimmy Stewart movie, "Mr. Smith goes to Washington" format. Even in that older traditional form there was an end to debate and a vote by the majority up or down. A minority Senator held the floor open for debate for hours non-stop- 24/7 but at some point the filibuster ended and a vote was taken. The purpose was to focus the attention of the Senators and of the country on an important issue and present the merits of the Minority Senator's Argument. He may be a minority who wants a vote in favor or a minority who wants a vote against. In the end, if he had convinced a majority( 51) than he would win. The tyranny is not the traditional Filibuster; it is the threat of one and the improper use of a Cloture rule. The Cloture rule is for closing debate even though others may still want to speak on the issue. If everyone has spoken and debate has ended naturally, than the Chair, "Calls the Question" and a majority vote decides unless it is an issue in the Constitution that specifically requires a supermajority vote.

Unfortunately, under the current use of the cloture rule, the filibustering Senator would have to convince 60 not 51 Senators to allow a vote on his issue. The supermajority Cloture rule that allows a vote on the issue, impedes even the filibustering Senator from getting a fair vote. This has given a minority of Senators a veto power more like the old British House of Lords where wealthy Land owners in the House of Lords gave lip service to English democracy and gave the"people" the lower House but preserved their minority control even within the House of Lords where Lords Loyal to the King could block voting.

An even stronger example of this House of Lord's Tyranny is the ability of a Senator to put a "hold" on nominations. Most recently, Barbara Boxer of California has put a hold on John Bolton for US Ambassador to the United Nations. This is a tradition that has to end, it is undemocratic and unfair. The Constitution lays out the role of the Senate as "advise and consent" on nominations by the Executive branch. To give this power to an individual Senator to block a nomination is clearly unconstitutional to the intent of the Founders.

The Senate has allowed this tyranny to grow and it is time to restore its appropriate Democratic balance as one half of the Legislative branch and take away this artificial elevation in power where Senator Harry Read and a minority of Senators feel they are a co-equal branch to the Executive branch and along with Senator Byrd royal bluster bend the tradition and rules of the Senate to a tyranny for the Minority (House of Lords).