Writing in the Washington Post's Sunday magazine, Ezra Klein complained (free registration required) that the Senate is fundamentally flawed by the three-fifths majority requirement of the filibuster.
To understand why the modern legislative process is so bad, why every Senator seems able to demand a king's ransom in return for his or her vote and no bill ever seems to be truly bipartisan, you need to understand one basic fact: The government can function if the minority party has either the incentive to make the majority fail or the power to make the majority fail. It cannot function if it has both.
Klein is working with a couple of very flawed premises here. For one thing, he looks at the bribes that had to be paid to get all the Democrats onboard. Since cloture takes 60 votes and the initial bill only had 50-something supporters, Klein reasons that the Democrats shouldn't have had to buy the balance of 60.
But the reality is that if cloture had taken only 50 votes, then we would have arguably had a much more liberal bill, with perhaps only 40-something supporters, and Harry Reid still would have had to issue bribes to get the balance of 50 needed for passage. And this works both ways, meaning that the filibuster doesn't just affect the vote count, it affects the ideology of the legislation itself.
This is a profound difference. Harry Reid isn't cloistered away in his office carving out legislation for an up-or-down vote, wondering how many he'll get. He's communicating with his caucus, crafting legislation with an eye toward a critical number of votes. Klein wants you to think the bill would have passed the Senate more easily with a simple majority, but the truth is that a smaller majority requirement would have simply meant a more liberal bill with provisions that Ben Nelson and Joe Lieberman would have rejected outright, while more liberal moderates like Evan Bayh and Jim Webb would have had to be bought instead.
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