Open Letter on the Filibuster

 Dear Senator,

I am writing you today to urge you in the strongest possible terms to work to eliminate the Senate procedure known as the filibuster. I feel it is an anti-democratic anachronism, and its continued existence imperils the future of American democracy itself.

As you most likely know, the filibuster originated as a gap in the rules in 1806, but has been elevated to a principle over the years. However, there is no mention in the 1787 Constitution or its amendments of any super-majority requirement for normal legislation. Treaties, conviction of impeached officials, and constitutional amendments are among several defined actions requiring a super-majority. On the other hand, the Constitution specifically states that “a majority of each [chamber] shall constitute a quorum to do business,” which means that common legislation was expected to be passed with a lower level of consensus. Unfortunately, recent Senate practice has been that a super-majority is required to pass any controversial legislation that cannot be squeezed into the reconciliation process. Continuing that practice will preclude the passage of any important bill in the 117^th Congress.

Removing the filibuster will require you to pressure other members of the Democratic Caucus, most notably Sen. Sinema of Arizona and Sen. Manchin of West Virginia, to join you in moving America forward. Both have expressed the mistaken notion that the filibuster is a core element of American democracy, despite its absence from the Constitution and the well-documented use of the procedure in opposing civil rights legislation. But, honestly, I have no idea whatsoever about how to make either of them understand that not eliminating the filibuster and not allowing votes for important bills like S.1 or JLVRA is critical to the future of American democracy. I can only communicate to you that you, their fellow Democratic Senator, must use all the tools available to you and the party in order to change their minds. Senators Sinema and Manchin have, in effect, decided that the fetish of bipartisanship is more important than the ability of American citizens to vote in free and fair elections. This is obviously insane, as a large majority of the Republican Party supports the January 6 insurrection, which had the goal of overturning a free and fair election through violence aimed at members of Congress. I see no reason to seek “comity” with people who excuse a mob that seemed eager to harm elected officials, and that at the state level are furiously passing bills aimed at restricting the right to vote.

Thank you for your time, and I wish you the best of luck at persuading Senators Sinema and Manchin to change their minds on the filibuster and the future of American democracy.