The 60-Vote Conundrum

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James Fallows wants more public awareness about the modern-day corruption of the filibuster:

In a discussion with Guy Raz this afternoon on Weekend All Things Considered […] we touched on a point that I think needs to be elevated from a background/insider’s issue to absolutely first-tier consideration in mainstream political discourse. It has to do with the distorting and destructive effect of the Senate’s modern “60 votes to get anything done” system of operation.

As Fallows notes, this is a topic that’s well known among bloggers and political types, but almost completely unknown among the general public.  They still think of filibusters as occasional dramatic events from Mr. Smith Goes to Washington or the civil rights era, not as an institutionalized 60-vote supermajority required for all legislation.

If you want to read more details about this, click the link.  But I assume most of you already know the basic story. So instead, think about this: is it possible to elevate the filibuster into the public discourse?  If so, how?

In one sense, it should be easy: most people don’t know about the 60-vote requirement and would instinctively be offended by the idea that you can no longer pass routine legislation with a simple majority.  On the other hand, most people also don’t really care.  Plus, one party or the other is always out of power at any given time, so there’s always a substantial minority of partisans who are motivated to argue that keeping the majority from running roughshod over everything we hold dear is a sacred principle of the Republic.

So what would it take to get people to care? One answer: a high-profile supporter.  If Sarah Palin suddenly tweeted that the filibuster is a threat to democracy, for example, everyone would start talking about it.  But who else is a plausible candidate for this?  The president, of course, but he’s not going to.  Anyone else?

Another answer: a popular, high-profile issue that gets blocked repeatedly by a 40-vote minority. Unfortunately, genuinely popular, high-profile issues generally don’t get filibustered.  That’s why Supreme Court vacancies are filled pretty quickly but appellate court vacancies aren’t.  So it’s not clear what issue would fit the bill here.

And a third answer: some kind of fabulously effective grass roots campaign.  That seems pretty unlikely to me, though.  Any other thoughts?

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We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

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