From Elizabeth Warren <[email protected]>
Subject The filibuster’s biggest fan is retiring
Date March 16, 2024 10:21 PM
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Mitch McConnell is officially retiring after a long career of defending
the rights of the filibuster in Congress.

With this update — and with how other Senate races are shaping up across
the country — we have renewed momentum in our fight to finally abolish the
filibuster once and for all.

[ [link removed] ]Add your name if you agree: It’s time to officially end
minority rule in our government and abolish the racist and archaic
filibuster rule for good. Let’s keep raising our voices and pushing for
this progress together.

The American people are sick and tired of hearing that the policies that
are so overwhelmingly popular among voters — voters who voted for a
Democratic majority — can’t get passed because, well, a minority of
Senators disagree with it.

It has been used most recently to prevent Democrats in the majority from
passing abortion protections and passing federal voting rights.

The thing is, the filibuster is found nowhere in the Constitution. Here’s
how it’s become a reliable tool for the anti-democracy minority today:

For a vote on a bill to take place in the Senate, a few things have to
happen:

* A bill is brought to the Floor
* Senators debate the bill
* Senators end debate
* Senators vote on the bill, majority wins

That’s the way the Founders intended it to go, at least. Here’s the hitch:
In 1806, Aaron Burr — yes, the one who killed Alexander Hamilton in a duel
— said the Senate had too many rules and should get rid of some.

One rule that got tossed in the trash can? The rule that said any Senator
could propose a vote that would cut off debate. Senators didn’t see a need
to keep this rule on the book, so they tossed it.

That means step #2 (Senators debate the bill) could, in theory, go on
forever — if enough Senators were willing to speak long enough on the
floor in debate.

For years, business generally went on as usual. No one wanted to be “that
guy.” But then, Senator John Calhoun realized he could exploit this rule
change to seize more power for southern slave-holding states. He was among
the first to attempt to stop the Senate from voting on legislation by
filibustering.

In 1917, President Wilson — tired of a Senate that was obstructing more
than voting — pressured the Senate to pass a rule to make sure debate
wouldn’t hold up voting forever and ever.

The Senate responded with a rule, called Rule 22 — also called a “Cloture
Vote.” It looked like the other rule Aaron Burr had thrown in the trash
can, except for one enormous difference: To end debate, Rule 22 required a
supermajority, or two-thirds of the Senate.

Rule 22 didn’t solve the problem of endless filibustering. It encouraged
gridlock. Because now, a small minority in the Senate could force a bill
to get through two votes. A supermajority vote to end debate, and then a
simple majority vote to pass the bill. It made no sense.

The effects were almost immediate. The year after the Senate established
Rule 22, an Anti-Lynching bill was introduced. A small group of Senators
hell-bent on upholding white supremacy decided to flex the new rule and
filibuster the legislation.

The law — which would make the heinous act of lynching Black Americans a
crime — took 100 years to overcome the filibuster, and didn’t become law
until 2022.

During the Jim Crow era, southern Senators continued to use the filibuster
as a tool to block civil rights legislation — and only civil rights
legislation.

Today, the filibuster is more common than ever — to keep blocking civil
rights legislation, voting rights, abortion protections, federal minimum
wage increases, climate action, workers’ rights, anti-gerrymandering
laws….you name it.

It’s bone-deep enraging that a majority of Democratic Senators cannot pass
legislation that the majority of Americans support because of this rule.

It’s bone-deep enraging that Americans have just needed to accept the
filibuster as “the way it is.”

It’s bone-deep enraging that organizers and voters have fought so hard to
make progress on these issues only to hit a wall every single time.

I reject this. This is not how democracy works.

There’s finally a crack in this wall — and this is a moment to fight with
everything we’ve got.

So I’m fighting like hell to make sure Democrats win in November and we
expand our Senate majority. With that, we can finally end the filibuster,
and pass legislation that the majority of Americans are calling for — like
abortion protections, voting rights, gun safety laws, and so, so much
more.

[ [link removed] ]Add your name to say you’re in this fight: Now is the time to end the
filibuster.

Thanks for being a part of this,

Elizabeth







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