Comment by yamtaddle

3 years ago

To the extent that the filibuster's beneficial, I'd say it's only so because of our bad electoral system that stabilizes at only two viable parties, and sometimes results in minority rule.

I dunno, it still might be pretty tricky to put together 60 votes for cloture in a 3 or 4 party system. It might even be harder!

Fractious multi-party coalitions in parliamentary systems commonly fail to scrape together bare majorities- they're not exactly known for making it easy to produce supermajorities either.

  • Switzerland mandates (okay not by law but an old custom) the government to be put together by all major parties whatever they are at the latest elections. Right now there are 7 persons from 4 parties and lo, it works finely. The USA and its bipartisan system is not exactly the yardstick for functioning politics and (super)majorities should definitely never become goals. As surprising as it might come, negotiations can and do work.

    • Can't agree more, super majority is a dangerous situation if folks laughing at democracy take helm (like it or not, Trump was a perfect definition of it within western democracies, although dictators like putin run circles with big grin around such people). 4 years is plenty to do a lot of damage if actors at power are malevolent.

      The problem of using Switzerland as a yardstick is that barely any population anywhere can match up maturity and morality of them, maybe some nordics. Give a glimpse of same freedom/responsibility to otherwise mature British folks and we have brexit.

      US has many fine things running for it, but politics (and healthcare, education, criminality etc) definitely ain't it and should not be taken as inspiration. The whole us-vs-them mentality that such longterm bipartisan system brings is very limiting. What if I like low taxes, while also supporting abortions and legal soft drugs? Or any other mix that would be pretty schizophrenic in US.

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  • Various European democracies seem to have done fine, even if it is at times the coalitions become unstable.

    Australia, even with a 2 party preferred, still often has smaller parties hold the balance of power. Often this is quite beneficial since the big party has to water down their ambitions.

  • The US Senate is noteworthy for permitting unlimited debate. IIRC, no other legislative body has this trait.

    The filibuster was a hack which has since been weaponized. It should be eliminated. If only to rationalize and normalize the Senate.

    The anti-majoritarian case for maintaining the filibuster presumes that tyranny of the minority is preferable to the tyranny of the majority. Often dressed up dressed up in doublespeak slogans like "states rights" (John C. Calhoun) and "entrepreneurial freedom" (James M. Buchanan, Peter Thiel).

  • That can be migated. Just make a pre-negotiation round, were post vote, those parties who are below n% can give there vote share to the parties who make it over the limit, for a negotiated "goals" contract. No vote is lost..

    It forces fringe, extremist and "eternal" oppossition parties to compromise and negotiate better terms and it can change elections that are really close.

The filibuster guarantees minority rule, in the Senate.

  • > minority rule, in the Senate

    If you look away from the senators and consider the people the senators represent, it was intended to be even without the filibuster.

    But what should be truly opposed is the cowardly way in which the filibuster is done today.

    You should make 41 people vote against the bill, on record with their names, then go back to their constituents and explain why they did it in a town hall sometime soon.

    Right now a senator can rely on the fact that their re-election is five years away when killing a bill which is supported by their constituents.

    41 of them cannot assume they have years for the public to forget their vote on this particular thing (like hurting small businesses by inaction too).

    • The senate was never meant to represent people. It was meant to represent the interested of the states as sovereign entities. The house was supposed to be the populist dumpster fire.

      But then some geniuses decided that we should direct elect both and have two dumpster fires.

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  • The founders designed a system that was slow to act on purpose. They did not want a strong federal government.

    Given how difficult it is to predict policy outcomes this is probably a good idea. Even if a collection of policies are good on the individual level there is no way to figure out if the interaction will be net positive, nor if the cost of remedy reverses the calculus.

    • 1. The much-mythologized founders disagreed on how strong the federal government would be; the first political parties were the Federalists and Anti-Federalists (technically the Democratic-Republicans, but carrying on that same ideology).

      2. Filibusters are not in the Constitution, weren't possible for decades after it was signed, weren't used for half a century after it was signed, and didn't become the "sixty votes required for anything" tool they are today until 10-15 years ago. The founders had nothing to do with it.

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    • Sure, the founders in 1776 desired a weak federal government.

      But the writers of the constitution in 1788 wanted a strong one because the existing weak one sucked.

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    • "The founders" did not create the filibuster. They actively debated whether it should require more than a simple majority to pass legislation, and decided that was a bad idea. They had already designed a system with a ton of friction in it. It didn't need one more hurdle.

    • The founders added a bunch of checks and balances but not the filibuster. The fillibuster was more of a gentlemanly agreement until the 1970s and it wasn't until the Obama era that it was regularly used on almost every single vote.

    • The founders didn’t create the filibuster because they already created a fuck load of checks on the majority. Making even more is senseless.

    • > The founders designed a system that was slow to act on purpose. They did not want a strong federal government.

      Spot on. Yet we continue to insist on using the system in a way (i.e., overly strong fed gov) that it's not good for. This isn't a Dem or Republican issue. It's history.

      And the more taxes Uncle Sam collects, the stronger and more bloated he gets. At some level we need to come to terms with the fact that we're using a screwdriver as a hammer. That doesn't work well. Ever.

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    • > difficult it is to predict policy outcomes

      Are they really - or are they pretty obvious to anyone who casually glances at the headline of the policy, but the consequences are a problem after the next election. If you win you can always just blame the other side and if you lose you can blame the other side as well.

    • The Founders were of diverse positions and ideas on the topic.

      A couple overly simplistic examples:

      Jefferson wanted the Constitution rethought every 19 with modern wisdom to prevent it becoming a carceral joke society laughs at as dated and sad.

      Madison felt the future was forever obligated to fit themselves into a past framework as a kind of thank you for the hard work the long dead performed.

      “They did not want a strong federal government” is overly reductive and normalizes into a boring sound bite what was really a complex and lengthy back and forth.

      It would be fair to say that most feared a strong executive turning autocratic/monarchic but that’s about all they agreed on readily.

      I suppose I fall into Jefferson’s camp. Paraphrasing, he wrote to Madison “clearly the dead so not rule the living.”

      To the flames with this outdated gibberish. To us it’s all hand me down spoken tradition we never witnessed anyway.

  • Yes, but it also means that the minority is less effective when it gains an electoral majority and takes 'hold of the gavel. That makes it harder for them to, say, change things to further entrench minority rule—which is real problem in several state-level governments.

  • A supermajority threshold requirement is not minority rule. It's supermajority rule.

    Minority rule would be if 40% of the Senate could pass laws at will.

  • The Senate enables minority rule due to state size as well. Unfortunately we're hostages of the past

    • The Senate doesn't represent people, it represents States. The Representation is exactly equal, as intended: 1 State == 2 Senators.

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  • This is why the civil rights act was never passed, and schools in the US are still segregated to this day, because Sen Byrd (D) filibustered

The filibuster rule is from a time when the Senate was selected by the States, not the people. It was designed as an effective State Veto.

It works for that purpose and in that context and IMO is good.

We should return the Senate to be the States representatives in congress, and the House is the People. Instead of having both the Senate and the House be popularly elected.

Return to more republican (i.e Republic not the party) style of governance, and less democratic, but I know that is heresy today where democracy is the new religion and people fail to learn the lesson of Athens

  • Funnily, my learnings from this are the exact opposite.

    The majority of US problems come from the inherent duality of the political system. Every matter gets split among political lines, with one party for, the other against, regardless of merits. What would fix that would be to move to popular votes (real, proportional popular votes, not first past the post disenfranchising the vast majority of the population), which would result in more parties emerging, which would lead to more nuance, actual debates and compromises.

    If your proposal is enacted, what changes? Governors, elected by first past the post (checking the stats for 2022, with 40-60% of the vote)[1], or state congresses, which are also elected by first past the post and thanks to gerrymandering are usually highly partisan with near total domination of one party[2], elect the two senators for the state. What's the difference? Same two parties as before, same stupid dividing lines on every single topic, same impossible to achieve supermajority needed to do anything significant.

    Oh, and actual political finance limits. Whoever came up with "companies donating millions to politicians is free speech so nothing can be done to limit that" is either a massive idiot or extremely biased towards big money influencing elections.

    https://en.wikipedia.org/wiki/2022_United_States_gubernatori...

    https://en.wikipedia.org/wiki/2022_United_States_state_legis...

    • > Whoever came up with "companies donating millions to politicians is free speech so nothing can be done to limit that" is either a massive idiot or extremely biased towards big money influencing elections.

      Isn't this a straightforward deduction from combining an extension of the first amendment with corporate personhood?

      I'd think that the actual problem (which manifests itself in many ways other than this one) is that latter legal situation, not the first amendment or the logic itself.

    • >>Whoever came up with "companies donating millions to politicians is free speech so nothing can be done to limit that" is either a massive idiot or extremely biased towards big money influencing elections.

      So Elon Musk wants to spend millions on politics it is OK, but if I and 10,000 of my friends want to form a corporation to spend millions it is idiotic??

      And if you want to Limit Elon how do you get around the 1st amendment ?

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  • In general, our government is dysfunctional and has many points at which we may have a tyranny of the minority. I'd do a few things to resolve it:

    - greatly reduce the power of the Senate, effectively limiting it to the ability to veto legislation and judicial appointments with a two-thirds majority (effectively a "state's veto" over a runaway federal government)

    - the House of Representatives should be elected based on per-state proportional representation; districts are an antiquated concept from an era where people traveled by ship and horseback, and don't really make sense in an age of telecommunications, air travel, automobiles, etc.

    - the President should be elected by a direct majority, as the electoral college has outlived its usefulness and exists only to enable a president to win an election with a majority of votes

    • I could see #1...

      I am not sure how that is different from today? Do you want all Reps to be "At Large" so instead of voting for 1 person, in CA would would vote for 54 people?

      I am not sure that is tenable but an interesting concept.

      I have always supported the Wyoming Rule, and supported taking congressional redistricting out of the hands of legislatures moving towards fixed allocation based on something non-political like zip codes.

      On the Electoral College... 10000000% disagree. The President should absolutely not be elected by direct majority, that is taking the same mistake of the senate and making it for the president

      First and foremost the office of president should be reduced in power, Congress and abdicated far too much power to the executive, that is what has made the Presidential election soo important, is should not be.

      Secondly, I would be in favor of a change to the electoral process where by the votes are allocated proportional just like the house, instead of First Pass the Post like we do today, but I would Strongly Oppose just moving to a pure democracy system. That would effectively make many states have no vote in the election of the president and almost fully remove republicanism from the US system, if not completely put us on that path

  • "Republic" and "democracy" are not antonyms. This was a bit of linguistic prescriptivism put in by the John Birch Society that I feel the need to correct. "Republic" just means that the head of state is elected and "democracy" just means that there's voting. Whether they're voting on individual bills or voting for representatives, it's still democracy. Hell, people in the UK refer to themselves as "republicans" because they want to get rid of the monarchy, not because they oppose direct democracy.

    The problem with state-appointed Senators is that it was warping gubernatorial politics. If you didn't like your Senator, you had to have the state governor replace him, and in practice most people were treating their vote for state governor as a senatorial vote anyway. Direct election of Senators just cut out the middleman.

    Furthermore, we should be very careful with veto powers in a democratic system. Have you ever heard about a study which claims that the US is run by rich people? Well, the thing is, it's true, but not entirely. All classes are still capable of advancing an agenda. Louis Rossman can sit on a chair and yell into the microphone about right-to-repair[0] and get a bunch of state bills proposed. But rich people uniquely have veto power. They can, say, have a 'robust conversation' with a Senator or Representative to kill an R2R bill, or have New York State's governor change the R2R bill at the last minute to completely remove the legislative intent.

    Filibusters are another veto mechanism; they raise the vote threshold from 50 to 60. Furthermore with the procedural filibuster they are significantly easier to use, so they get used all the time.

    You know how Brexiteers were really mad about how the EU has a lot of unelected political appointees making law? They're not wrong about that. You see, whenever a political party in Germany, France, or the UK (pre-Brexit) wanted to push an unpopular policy, they'd make it into an EU-wide regulation and then blame the EU for it, because they think voters are stupid[1]. They were able to do this specifically because the EU works exactly like how the US Senate used to, with member state representatives not elected by the people and thus not accountable to them. And the only democratic accountability provided to stop this is to replace your member state's government with one that'll replace the appointee in the European Commission, which is now two levels of indirection.

    Personally I'd rather live in the world with a straightforward democratic system with as little indirection as possible and few veto powers. Yes, you can point to rising populism as a counterargument, but the problem is that populism is rising because nobody's voice is getting heard. The more that the rich use their veto powers instead of relenting to the will of the majority, the more that the majority will turn to non-democratic means of power, and then we'll wind up in a dictatorship with exactly the kinds of people you don't want running things in office.

    [0] Right to repair is a political campaign to undo several harmful effects of copyright and trade secrets law by explicitly requiring manufacturers to sell replacement parts and provide unlock codes to pair them onto equipment. It does not actually obligate them to repair the device, in fact that's counterproductive to the actual point, which is to restore ownership of your device (or car, or tractor) back to you.

    [1] They're not.

    • >a straightforward democratic system

      Is 2 wolves and lamb voting on what they will have for dinner. I have no desire to be ruled by the majority. If we had a a straightforward democratic system we would have no free speech, no gun rights, no rights at all really. We would be like Canada or the EU, I have no desire for that dystopia ( and yes I did call the EU and Canada a dystopia for which I am sure many will disagree)

      I abhor collectivism, and systems of government designed to promote majoritarianism over the minority... and the smallest minority is the individual

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  • what would you say was the lesson of athens? a quick search shows a wide range of opinions on different subjects, many of which are interesting.

    • Democracy tends to depend on Empire Building. The more democratic the US has become the more imperialist we have also become. This results in many of the problems we have were we look to nationalize more things to enable resources and power to be directed external.

      Ryan Chapman has a great video on DEMOCRACY: From Antiquity to Modernity [1]

      [1] https://www.youtube.com/watch?v=UplwT_a1IT8

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