Jentleson ably narrates this historical past, with all of its ironies and unintended penalties. In 1917, the Senate launched Rule 22, permitting senators to name a vote for cloture — to finish debate — however provided that they may muster a supermajority of two-thirds (a threshold that has since been lowered to three-fifths, or 60 senators). The supermajority threshold was the results of a compromise within the Senate — “an affordable factor to do at a time when Senate norms nonetheless compelled minorities to finally yield to the bulk,” Jentleson writes. However as this norm degraded over the following a long time, Rule 22 positioned the onus on supporters of a invoice to whip up not only a majority however a supermajority so as to finish debate and get to a vote. What began out as an try to reform the filibuster and erode its energy perversely turned a facilitator of it.
“Within the 87 years between the top of Reconstruction and 1964,” Jentleson writes, “the one payments that have been stopped by filibusters have been civil rights payments.” No different difficulty appeared to inspire obstructionists in fairly the identical approach. The story after the Civil Rights Act of 1964 has been totally different, Jentleson says, however no much less detrimental to progressive causes. The fashionable Senate has grow to be so environment friendly (in a single sense of the phrase) and the filibuster so streamlined that senators looking for to dam or delay laws don’t need to trouble with an precise speech; they will silently filibuster a invoice, and as if that weren’t sufficient of an oxymoron, there’s even a “hotline” to do it.
“All it’s important to do is name the cloakroom, inform them the senator you’re employed for intends to position a maintain on the invoice, and the invoice is filibustered,” Jentleson writes. “One cellphone name, one objection, and the edge on any invoice or nomination goes from a majority to a supermajority.”
Jentleson slowly builds his case, biding his time in order that when he arrives at Reid’s determination to “go nuclear” in November 2013 — eliminating the filibuster for White Home nominees, save these to the Supreme Courtroom — Reid’s actions appear all however inevitable. Underneath the management of Mitch McConnell, Senate Republicans tried to dam President Obama’s nominees “with unprecedented frequency,” Jentleson writes, and he provides the numbers to show it. “All different presidents mixed had endured a complete of 82 filibusters towards their nominees. However from 2009 to 2013, President Obama alone confronted 86.”
In “Kill Swap,” McConnell is expressly portrayed as a Twenty first-century model of Calhoun — infinitely blander, much less extravagantly fanatical however extra coldly environment friendly. One will get the sense that McConnell wouldn’t essentially disagree with Jentleson’s evaluation of how the Senate essentially operates; it’s simply that he and his fellow Republicans discover the filibuster helpful to a conservative agenda, which usually has extra to do with stopping laws than advancing it. On the time of writing, McConnell has halted an effort to vote on $2,000 stimulus checks at the end of the pandemic year, bundling it with issues that President Trump needs and Democrats decidedly don’t. Whether or not you name it a poison tablet or a kill swap, the impact is identical.