Blog: The Good Old Fashioned Way

The scene opens to a white picket fence, a loving wife taking out an apple pie from the oven. The good old fashioned American father “Mr. Smith” puts on his tidy and trim suit and heads out for a day at The Capitol. Mr. Smith, an unlikely senator, decides to do what he thinks is right, filibuster a bill on the senate floor. He stands up and speaks his mind for 24 hours straight. This was a good-old-filibuster during the “good old days” when Mr. Smith Goes to Washington was first released.

The filibuster used to be a sign of serious devotion. Politicians would have to cancel all their meetings, put their lives on hold, and find a way to hold it in for an extended period of time to accomplish a filibuster. A filibuster used to mean the minority party was screaming to the American people to stop what’s about to happen. A filibuster was a Hail Mary. They usually weren’t even planned in advance, a senator would simply see the majority trying to push a bill quickly through without debate and decide to spring into action. Many passionate senators spent 16 or more hours speaking about the various factors of the bill, explaining every single intricacy.

Conversely, some did not necessarily continue “debate” for an extended period of time: In 1930, a liberal senator from Louisiana, Huey Long, spent 15 hours reading many of the works of Shakespeare and his “Pot-Lickers” recipe. The record for the longest filibuster in history goes to Strom Thurmond, who spoke for 24 hours and 18 minutes straight. Unlike many record holders who gain prestige for their action, Thurmond was never praised for it considering it was against the passage of the Civil Rights Act of 1957. The filibuster was outlandish, because it was meant to be.

A simple look into to politics today can quickly show that, alongside the white picket fences of America’s past, the way the filibuster was done has almost disappeared. In 1975, the rules for a filibuster were amended to allow for a “silent filibuster”. This measure, enacted by the Democratic supermajority at the time, fundamentally changed the way politics occurred within Washington. A cloture, a motion to end debate, is the only way to stop a filibuster. Today’s rules require a 3/5 majority to be able to bring an end to debate. Much of the gridlock in Washington today is caused by this new form of the filibuster. With the ease of use that comes with a silent filibuster and the partisanship in Washington, legislative gridlock is becoming detrimental to the nation.For example last December, the simple threat of a filibuster on a fiscal cliff deal in the senate almost caused a destruction of our economy. Even the threat of a filibuster can stop a vote from being taken. Therefore, it takes a supermajority to pass anything through the senate, a position neither party holds. Gaining a 60 person vote used to not be impossible considering moderates from both sides would generally side with each other and get non-controversial legislations passed. Sadly, those days are behind us.

About three months ago, after the disastrous Hurricane Sandy swept the Northeast, the senate attempted to pass a “Sandy Relief Package” that aimed to help speed up the rebuilding process for those affected by the storm. Legislation to help after a natural disaster has been in almost every instance in US history bipartisan in manner. Sadly though, the Sandy Relief Bill was stripped and amended multiple times, essentially crippling the aid because of the looming threat of a filibuster. In a nation where helping states that have been destroyed by a storm becomes a controversial issue, the filibuster becomes a tool that is misused. The 112th congress had the third most filibusters in US history, despite being in a time with relatively few fundamentally controversial issues (budget battles cannot be filibustered, and therefore the most controversial problem for 112th congress doesn’t contribute to the filibuster number). With a nation governed by the “party of no” and a liberal party that is tired of compromising, the filibuster is the final deathblow to actual governance in this nation.

Many people today say that Americans have become lazy, that in the “good old days” we worked hard and achieved great things. Some may disagree with that statement, but most will agree that Washington has become lazy. I don’t. I believe Washington became lazy in 1975 by allowing the silent filibuster. Today, Washington is in a complete state of paralysis. Legislators have simply given up. Not only are the days of the devoted senators that crossed their legs and stood up for what they believed in gone, but also the days where normal debate occurred in Congress. On the eve of the Sequester, an automatic massive government spending cut in almost all sectors of the economy, legislators went home for the weekend. They didn’t even have enough faith in a deal to stay in Washington. They left, leaving our nation to deal with the consequences.

At this point, I’m happy to tell you that there is some hope. It admittedly comes from a strange place. A man who I disagree with in every aspect possible, but one who has something I admire. About a week ago, the Senator from Kentucky, Rand Paul, initiated an “old fashioned filibuster” that ended over 13 hours later. He wished to continue, although he was stopped because there is only so long a man of his age can hold it in. He was protesting what he believed to be something of the utmost importance. It wasn’t a political game or another way to create gridlock. He actually believed in his filibuster and stood for 13 hours talking about it. He was protesting the confirmation of John Brennan for CIA director. Brennan in an interview confirmed that the Executive does have the ability to direct a drone strike on a suspected terrorist that is a US citizen in the United States. Paul believed that this was fundamentally against the basis of our judicial system, constitution and moralities.

This was a bold move, one that shocked Republicans and Democrats alike. It was not only the first time a presidential appointment was ever filibustered, but also the first time a good-old-fashioned filibuster had been done in over 25 years. Paralysis can only be stopped by shock. The congress Mr. Smith saw was one that was enshrined in outdated laws and methods, but at least had one thing straight: To break the paralysis a person needs to take a stand.

Literally, for 13 hours straight.