Thursday, November 21, 2013

The Nuclear Option

Back when the Republicans threatened the Nuclear Option of changing Senate rules so that a simple majority could confirm nominees, Senators Barack Obama, Joe Biden, and Harry Reid were all in strenuous opposition.  Of course, they were the minority then.  The nuclear option was not exercised and the filibuster remained.  Today, the filibuster has been tossed aside.  Sure, they said it only applies to judicial (except for the Supreme Court) and executive nominations but the precedent is now set.  If the majority wants to change the rules to get its way, the majority shall change the rules.  In other words, there are no rules.

The Senate is meant to put the brakes on the more volatile House.  It is supposed to preserve the rights of the minority, which is a large part of why the supermajority filibuster exists.  The Senate has made a huge leap to being just another House of Representatives.  As I've said before, we need to repeal the 17th Amendment so that Senators are chosen by the state legislatures rather than the citizens.  Then they would protect the independence of the state rather than weakening it.  However, that is a tough sell.

As for the effects, I am ambivalent.  I think a president should get the nominees of his choice in most cases, especially those that expire with his term.  Nominations that outlive his presidency (such as judges) deserve greater scrutiny.  However, since this simple majority will apply to Republican nominees in the future, it comes out even.  Likely to get more extreme nominees this way.  Democrats will rue the day when they are no longer the majority.

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