Lately, a lot of conversation has been bubbling up about the Senate filibuster.
It's been called a "Jim Crow relic" by former president Obama, and Mitch McConnell threatened to launch a "nuclear winter" if the Senate attempts to end it. Increasingly, Democrats want to end it completely. So what is it, and why does it matter so much?
What Is the Filibuster?
The filibuster is a political strategy used by the Senate to delay, and often kill, votes on bills. Traditionally, a filibuster would mean that the resisting senator would stand on the floor and speak, sometimes for days, against a certain legislative effort.
When a senator utilizes the filibuster, they can delay a vote as long as they wish to — unless three fifths of senators, currently 60 out of 100, vote to move forward.
Nowadays, senators aren't even required to speak in order to deploy this tactic—they can essentially sign a note and curtail almost any legislation using the filibuster. (There's also currently an exception to this rule called budget reconciliation that fast-tracks bills related to the federal budget and only related to the federal budget).
The Constitution does not include a filibuster. Instead, our founding document states that bills should only require simple majorities to pass, not supermajorities. Exceptions to this are impeachment charges, the expulsion of members of Congress, overriding presidential vetoes, and creating constitutional amendments.
The Founding Fathers were very clear: They did not want a minority party to be able to dictate what should be majority rule —and in fact were fearful of this outcome.
In its first iteration, the U.S. Senate reconciled debates by voting on whether to end debates, thus moving a bill to an actual vote.
This changed when in 1806, Vice President Aaron Burr argued that this process of voting on whether to vote (called the previous-question motion) was redundant, as it was rarely ever used, and so it was ended. Inadvertently, Burr created a loophole that made it theoretically possible for senators to infinitely delay votes — and hence, we have the glacially slow, perpetually blocked governmental body that we know today.
First of all, we have to understand what the filibuster is. It's ANY MEASURE that stops a vote. That's it. That's… https://t.co/x2BwFCig0u— Michael Harriot (@Michael Harriot)1616550099.0
What Has the Filibuster Been Used for, and How Has It Evolved?
One thing that stands out about the filibuster: It has consistently been used to curtail the rights of Black Americans.
Once rarely used in policy decisions, the filibuster only came into frequent use during the Civil War era, when Southern states would often deploy it in defense of slavery and while blocking anti-slavery legislation.
John C. Calhoun, sometimes referred to as the "grandfather of the confederacy," was an important figure in developing the modern, common filibuster. "He did it for the express purpose of increasing the power of the slaveholding class," says Adam Jentleson, whose book Kill Switch details the rise of the modern Senate. "What he saw at this time — this was around the 1830s and 1840s — was that slaveholders and slave states were becoming steadily outpowered in Congress. And so, he knew that if majority rule was allowed to continue, slavery was going to end."
The filibuster was a solution to this issue and one of the reasons why the government remained incapable of simply ending slavery through democracy.
The filibuster was used throughout the 1800s and 1900s, with politicians challenging its legitimacy to various degrees without success. Woodrow Wilson edited it during WWI, after the Senate used it to stop him from arming ships against German U-Boats. With the help of public outcry, Wilson established Rule 22, which allows a two-thirds majority vote to invoke "cloture" — a rule that, essentially, limits filibustering to 30 hours.
From then on, the filibuster basically remained the same, though in 1975 the number of votes needed for a supermajority was changed to 60. Because earning a 60-vote majority is still quite difficult, the filibuster has remained an effective way for minority rule to block legislation.
Even after the Civil War, the filibuster was used to codify racial violence; for example, in 1922, the filibuster was used to defeat the Dyer Anti-Lynching Bill. Famously, the filibuster was also used to block civil rights legislation up until 1964. In protest of the Civil Rights Act, lawmakers filibustered for 57 days, until public pressure rose high enough for a supermajority to invoke cloture. Eventually, the supermajority necessary for cloture was changed to 60; but yet again, the filibuster remained firmly in place.
Since then, the filibuster has been used for various purposes on all sides of the political spectrum. It was the reason why George W. Bush couldn't overhaul immigration legislation and why Barack Obama couldn't pass climate legislation (or all that much of anything). It is the reason why bills still go to the Senate to die.
What Would Happen if the Filibuster Ended?
Without the filibuster, the Senate would be much more volatile than it is today. It's possible that massive amounts of legislation could pass — and then be reversed, should the Senate majority's political leanings change.
But Democrats have good reason to end the filibuster now (which is probably why Mitch McConnell is so scared). At the moment, Democrats want to enact a piece of voting rights legislation called the For the People Act. Among other things, the act would increase access to absentee voting, extend early voting, allow for same-day registration, and generally would make it easier for people to vote.
"In the wake of an unprecedented assault on our democracy, a never before seen effort to ignore, undermine, and undo the will of the people, and a newly aggressive attack on voting rights taking place right now all across the country, this landmark legislation is urgently needed to protect the right to vote and the integrity of our elections, and to repair and strengthen American democracy," the White House said in a statement.
Naturally, most Republicans hate the For the People Act as much as they hate the idea of getting rid of the filibuster. Their looming fear: The Democrat's proposed voting rights reforms could make it much easier for Democrats to hold onto power. As of now, the bill passed in the House but of course has no chance of passing in the Senate, thanks to the filibuster.
Without the filibuster, Democrats would also have a shot at passing significant voting rights reforms, climate legislation, stricter gun control laws, and immigration reforms. They would be able to achieve their goals of fighting student debt, taxing the super-wealthy, making healthcare more affordable, and more.
The vast majority of the American people want Washington to act to bring down gun violence. Voters elected a Democr… https://t.co/jraOwNAyGL— Elizabeth Warren (@Elizabeth Warren)1616613409.0
Of course, the Democrats have an extremely slim majority in the Senate, and many Democratic senators are more centrist than progressive (see: Joe Manchin), meaning that achieving these goals would still require a serious fight even if the filibuster ended.
How Could the Senate End the Filibuster?
There are two ways the Senate could end the filibuster. 60 out of 100 senators could vote to end it, which will never happen in our current version of reality.
Or, senators could use a complex series of political moves sometimes referred to as the "nuclear option," which basically involves three steps: First, a senator objects to a cloture ruling. Then the presiding officer rules this objection out of order, and a simple majority of senators could then vote to overturn that ruling, thus "blowing up" traditional Senate policies.
This "nuclear option" has already been utilized across party lines. Democrats used it to confirm some of Barack Obama's nominees, and Republicans—led by Mitch McConnell—used it to confirm Donald Trump's Supreme Court nominees. (Yes, McConnell, now the world's biggest filibuster proponent, paused it so he could ram Supreme Court nominees through the system).
Actually ending the filibuster is a long shot, but Democrats know this may be their only chance to pass any significant social and political reforms. For his part, Joe Biden has not advocated for the end of the filibuster, but rather he supports the reinstitution of the "talking filibuster" — the "good old days" version of the filibuster where senators have to actually stand up and talk in order to obstruct the passage of a bill.
"It's getting to the point where, you know, democracy is having a hard time functioning," Biden told ABC.
Democratic senators Joe Manchin and Kyrsten Sinema also said they would not vote to end the filibuster, though Manchin did say he supports making it "more difficult to use," which many centrist-leaning Democrats see as a promising option.
Still, despite the odds, those who support ending the filibuster see it as a life-or-death issue, as it's quite possibly the only way to make true progress on inequality, gun control, healthcare, and other issues.
Currently, it seems that the Senate is hurtling towards a high-stakes battle for the future of the filibuster, with both sides ramping up their efforts to intimidate each other. McConnell's threats to initiate a "scorched-earth Senate" if the filibuster is abolished has only encouraged those who want to end the filibuster, as it's clear he's genuinely afraid and believes there is a chance it could end.
Senate Majority Leader Chuck Schumer has been repeating the phrase, "Everything is on the table" in response to questions about the fate of the tactic. Indeed, everything is on the table, including the state of our present and future. The question is whether or not we can learn from the past.
Trump supporters swarmed the U.S. capitol during today's Senate debate over the Electoral College votes.
This article was originally published at 3:55 p.m. on January 6. It was updated at 5:50 p.m. on January 6.
Less than a year after Black Lives Matter protesters were met with tear gas, rubber bullets, and countless instances of brutality from police officers across the country, Trump supporters are being let off rather easy for...also protesting.
January 6 marked the Senate debate over the Electoral College count, during which the soon-to-be Senate Minority Leader Mitch McConnell and various other Trump cronies asserted that Joe Biden did not win the 2020 election (though he did) and the current president would have been reelected in a landslide if it weren't for massive voter fraud (which didn't exist).
As Senators debated in the capitol, a swarm of protestors — donning Trump swag, MAGA hats, and, yes, Confederate flags—began encroaching in. At around 2 PM EST, however, Capitol Police notified everyone inside the building to shelter in place. The protesters had, in fact, breached the capitol building.
A Timeline: Here's Video Evidence of What's Going On
First, Trump supporters began gathering outside the Capitol steps. As they inched up the steps, it appeared as though police officers did little to hold them back — save for a few spritzes of pepper spray.
View from inside the Capitol as people gather on the West Front. The Capitol is currently on lockdown. https://t.co/XKNKWNbHxZ— Caroline Brehman (@Caroline Brehman)1609959899.0
Whoa: Trump supporters going at it with the police on the steps of the Capitol as Congress counts the Electoral Col… https://t.co/xr73tTSmHP— philip lewis (@philip lewis)1609956924.0
It's a far cry from the violence that police enacted on Black Lives Matter protesters last summer.
This is WILD https://t.co/dC8whGzIgw— philip lewis (@philip lewis)1609957919.0
Protesters then raised a cross outside of the Capitol (unclear if they plan on nailing Trump to it).
The Capitol's front doors were shattered as protesters then came inside, demanding to see senators.
Holy shit https://t.co/dofEG2SmqP— Jim Newell (@Jim Newell)1609960908.0
Video of Capitol breakin. Trump protesters are demanding to see senators https://t.co/w7jTNYAedd— Steven Nelson (@Steven Nelson)1609960776.0
Protesters were able to walk throughout the building with little to no pushback from security.
They breached the Capitol https://t.co/tWKxojW2Hr— Matt Laslo (@Matt Laslo)1609960531.0
Protesters began getting violent with police officers in an attempt to reach the senate chamber. Chants of "U.S.A." echo throughout the building.
Police and Trump supporters are going at it INSIDE of the Capitol. Never thought we’d see something like this https://t.co/MqBJoKYHbP— philip lewis (@philip lewis)1609962379.0
DC police reported that one person had been shot inside the capitol. MSNBC shared a clip in which a bloodied woman was shown leaving the capitol on a stretcher.
BREAKING: DC paramedic source tells me one person shot in Capitol. CPR in progress— Lindsay Watts (@Lindsay Watts)1609963311.0
MSNBC just showed video of a bloodied woman on a stretcher being taken from the Capitol (I won’t show the video b… https://t.co/rst32DQ7bS— philip lewis (@philip lewis)1609963598.0
Protestors found their way to the senate chamber. No tear gas, no rubber bullets.
A source reportedly told Aaron C. Davis, investigative reporter for the Washington Post, that the Defense Department denied a request by DC officials to deploy the National Guard to the capitol.
BREAKING: A source tells me The Defense Department has just denied a request by DC officials to deploy the National Guard to the US Capitol.— Aaron C. Davis (@Aaron C. Davis)1609962905.0
President Trump's advice: "Stay peaceful," coming from the same man who told Black Lives Matter protesters, "When the looting starts, the shooting starts."
Please support our Capitol Police and Law Enforcement. They are truly on the side of our Country. Stay peaceful!— Donald J. Trump (@Donald J. Trump)1609961938.0
Despite bipartisan demands, Trump does not strengthen his language at all.
Reports of violence and injuries, including a woman shot in the neck, confirm escalating violence. Later in the evening, MSNBC confirmed that the woman who was shot had died.
Pro-Trump rioters have breached the US Capitol and one woman has been shot as the building is engulfed in chaos aft… https://t.co/aMJQq74oJ5— CNN (@CNN)1609966127.0
BREAKING: The woman has died, several law enforcement officials say - @PeteWilliamsNBC https://t.co/iwXCYHj6IT— MSNBC (@MSNBC)1609973306.0
After a confusing delay, more DC National Guard troops are finally mobilized to quell the mob.
LATEST: Trump has ordered the National Guard to the Capitol after his supporters breached barricades and broke wind… https://t.co/AwLoGMWNJe— Bloomberg (@Bloomberg)1609965928.0
This year, on January 5th, Georgia voters will participate in a runoff election to select their state senators. But why is this race so important, important enough to make national news and urgent enough that celebrities and activist groups around the nation are rallying to make sure as many voters as possible get out to the polls?
What's at Stake?
The Georgia runoffs will determine Georgia's two Senate seats. This is so important because the outcome of this election will determine whether there is a Republican or Democratic Senate majority.
To win a Democratic Senate majority, both Democratic candidates — Jon Ossoff and Reverend Raphael Warnock — will have to win their seats. If either Republican candidate, Kelly Loeffler or David Perdue, wins, the Republicans will maintain their Senate majority, and Mitch McConnell will remain Senate majority leader; as currently, Republicans hold 50 of the 100 Senate seats and Democrats hold 48, and there are two independents — Angus King of Maine and Bernie Sanders of Vermont — who caucus with the Democrats.
Democrats hold the House with a razor-thin majority, and Joe Biden, a Democrat, also holds the White House. But a Republican Senate can easily negate the efforts of Democratic governing bodies. When he was Senate Majority Leader during Barack Obama's presidency, Mitch McConnell was able to block much of Obama's legislation.
In short, in order to pass a substantial coronavirus relief bill, substantial climate crisis legislation, and many of the other initiatives Biden promised in his campaign, we need a Democratic Senate majority. While Mitch McConnell remains in charge of the Senate, every Democratic-leaning bill will face tremendous roadblocks to actualization.
As Jonathan Chait explains in his Intelligencer article, Only a Democratic Senate Can Produce a Moderate Biden Presidency, "McConnell won't bring a bill to the floor unless most Republicans support it," and, "When Biden takes office, the Republican incentive will lean heavily toward demonizing any Biden-supported initiative as a fiendish socialistic plot, making broad GOP support almost impossible."
That means, to put it bluntly: No $2,000 stimulus check and probably no future thanks to unchecked climate change. The stakes are, in fact, quite high.
In 8 days, Georgia has the opportunity to deliver the U.S. Senate majority by electing @ReverendWarnock and @ossoff… https://t.co/nykdQqPBg2— Stacey Abrams (@Stacey Abrams)1609180553.0
What Are Runoffs, and Why Do They Exist?
A runoff occurs when there is no clear winner in an election. Georgia law proclaims that candidates must win over 50% of the total vote to win an election; if this doesn't happen, the race goes to a runoff. In the general election, Warnock won the most votes followed by Loeffler, but neither garnered the 50% needed, and all candidates went to runoffs.
Georgia's runoff elections were created in the 1960s as a way to keep white candidates in power, reports The New York Times, in a majority-white state where Black candidates had better shots at winning a plurality of the vote. Runoffs also typically benefit white candidates whose followers typically vote more frequently.
Who Is Running?
Currently, Senator Kelly Loeffler and Senator David Perdue represent Georgia in the Senate. Kelly Loeffler is a businesswoman and devotee of Donald Trump. The richest US Senator, she made headlines for selling $18 million worth of vulnerable stocks after being briefed on COVID-19, meaning she profited from the coronavirus crisis. (Lawmakers are barred from insider training, but a probe into Loeffler's activity was eventually dropped).
Loeffler's opponent, Rev. Warnock, would be Georgia's first Black senator. He is a pastor at the Atlanta church where Martin Luther King once preached, and he is a strong supporter of Black Lives Matter. For her part, Loeffler has criticized BLM for what she calls its "Marxist" origins.
David Perdue is a Senator and businessman. Similarly to Loeffler, he sold stocks prior to the 2020 stock market crash. He does not believe in climate change, opposes same-sex marriage and wants to slash the Affordable Care Act.
Perdue's opponent, Jon Ossoff, is a 33-year-old former journalist. His campaign made waves when Perdue failed to meet him in their debate, leaving him to speak to an empty room. Ossoff interned for Congressman John Lewis, who passed away earlier this summer, and has painted himself as a youthful idealist and Democratic moderate.
"Both are representing the New South," said Representative Hank Johnson of Warnock and Ossoff. "It's very symbolic. It's providential. I think Georgia and Georgians have changed quite a lot. There are people with old South ideas — but they're fewer and fewer."
What Are the Odds?
Both Democrats and Republicans are pouring millions into the race, and the Republicans have far outspent the Democrats thus far.
Georgia has not seen a Democratic Senator in 20 years. Republicans have far more money and establishment power on their side. The polls aren't looking great for Democratic candidates, though most do show a close race (though who trusts polls anymore, anyway?).
There's also a long and horrifying history of voter suppression in Georgia that is alive and well today. In addition to the racist history of runoffs themselves, Georgia has always fought to make it difficult for anyone not white to vote. After the 15th Amendment allowed Black men to vote, Georgia employed the Ku Klux Klan and other forms of violence and intimidation at the polls.
It has since closed majority-Black polling spaces, creating hours-long waits. It has required "exact match" signatures on voting records, an effort that disqualified thousands — 80% of the disqualified being people of color.
A recent seven-year investigation found that Georgia purged over 200,000 evoters from its rolls, marking them as ineligible when they actually were eligible. These methods disproportionately affected Black voters, voters living in metro areas, and voters who did not speak English. The list of Georgia's effort to suppress its voters' constitutional rights goes on and on and continues to this day.
Democratic candidates, however, are supported by organizers like those at Fair Fight who are on the ground getting people to the polls. Other organizations like New Georgia Project and Southerners on New Ground have been working tirelessly to reach people who have too long been ignored by modern politics, showing them that their vote can help make a tangible difference in their lives. And with the entire country's eyes on Georgia, it's hard to know what the outcome will be.
Either way, it's clear that there's a new organizing infrastructure in Georgia that's here to stay.
What Can We Do?
If you're from Georgia or know people there, contacting family and friends and asking them to contact their family and friends and to ask the same — a technique known as vote tripling — is definitely one of the most effective ways to get out the vote. In addition, many people are going to Georgia to do in-person ballot curing, poll-watching, canvassing, and voter aid such as keeping voters comfortable in line.
If you're not in Georgia, you can join a phonebank or text bank and make calls or send texts to Georgians all throughout the week.
Like texting? How about expanding electoral access? How about the FABULOUS @Peppermint247? [email protected] get out the vote… https://t.co/ZxCfnYrkcv— New Georgia Project (@New Georgia Project)1609191711.0
Ed Marky is a real one.
Massachusetts senator Ed Markey might look like your average outdated boomer, but make no mistake—Markey is a legend.
Markey may be 74 years old, but he's been fighting the good fight for a long time, serving as one of the most progressive members of Congress for over four decades. He co-sponsored the Green New Deal alongside Alexandria Ocasio-Cortez and Bernies Sanders, strongly advocates for single-payer healthcare, and believes in preserving an open Internet. In short, this dude is the real deal.
But let's face it: Leftists generally skew younger; and as such, we tend to gravitate towards other younger people who share the same progressive ideals and sensibilities that we do. You know: Eat the rich, save the world.
Enter Markey's primary challenger in the battle for Senate: 39-year-old Joe Kennedy, the grandnephew of President John F. Kennedy, with a net worth upwards of 43 million dollars. Wait, what? When we said we wanted younger progressives in congress, we weren't really talking about privileged failsons.
In fairness to Kennedy, his stated policies are actually pretty progressive and he also supports the Green New Deal. At the same time, it's baffling why he would choose to run against Markey when Markey is already one of the most respected, proven progressive voices in the Senate. As such, Markey has picked up endorsements from fellow big-name progressives like AOC, more moderate progressives like Elizabeth Warren, and major progressive organizations like Sunrise Movement.
Let’s GO! Massachusetts, we need to turn this into VOTES. Reasons to vote for Ed Markey: 1. He is one of the stro… https://t.co/w0GxPJ8vwz— Alexandria Ocasio-Cortez (@Alexandria Ocasio-Cortez)1597269824.0
But age is a big deal for a lot of voters, and in a race between a 39-year-old Kennedy heir and a 74-year-old incumbent, it didn't come as a huge surprise that Kennedy boasted an early double-digit lead.
Except here's the thing: Markey isn't just some boomer. He's an old Boston dad-style boomer, and oh man, this guy can dish it out.
See, Joe Kennedy, in spite of all of his supposedly progressive values, has a good deal of Super PAC money in his corner. That money is largely being used to air a constant stream of attack ads against Markey, and as it turns out, the Super PAC also happens to be run by Joe Kennedy's twin brother, Matthew Kennedy, and potentially funded by his father, Joseph P. Kennedy II.
Markey uses this connection to—there's really no better way to put this—spank the sh!t out of Joe Kennedy in the middle of a debate.
Ed Markey is dad shaming, and I'm here for it https://t.co/KuSQzbTk6k— David Sirota (@David Sirota)1597366179.0
"My question is this: Is your father funding that Super PAC that is attacking me right now?" asks Markey.
"No clue. No idea," replies Kennedy.
"I'm sure your father's watching right now," says Markey. "Tell your father right now that you don't want money to go into a Super PAC that runs negative ads. Just tell your twin brother and tell your father you don't want any money to be spent on negative ads in Massachusetts in 2020 in the era of Donald Trump."
"I've said that multiple times," stammers Kennedy. Markey just keeps going.
"Have you told your father that? Have you said it to your father?" he asks again and again.
Each utterance of "father" might as well be a dagger in Joe Kennedy's heart, as we watch Markey eviscerate his campaign in real-time.
Markey comes off looking like a warrior, and Kennedy a little boy.
And then, shortly after, Markey delivered a death-blow in the form of, quite possibly, one of the best campaign videos ever made.
When the government abandons its people, it’s up to us to rise up and make a revolution. We’re fighting for dignity… https://t.co/xI4EGmAScs— Ed Markey (@Ed Markey)1597345307.0
Ed Markey, playing a slowed down version of the same Nine Inch Nails "34 Ghosts" sample used in "Old Town Road," drums up John F. Kennedy's most famous words: "Ask not what your country can do for you – ask what you can do for your country."
Markey re-contextualizes this sentiment within the era of Trump's administration: "We asked what we could do for our country, they looked for what they could take. But there's a truth written in every history book. If you break the sacred contract, the people make a revolution." Cut to mass protests for Black Lives Matter and the American people demanding a "new deal."
Next, Markey plays old footage of his younger Congressional campaigns—pro-unions, freezing the arms race, and recently, backing the Green New Deal. He's indisputably a man of the people in opposition to the ruling class.
Then comes the clincher: "We asked what we could do for our country. We went out. We did it. With all due respect, it's time to start asking what your country can do for you."
Yes, in a race against a privileged, multi-millionaire Kennedy heir, Markey used JFK's legacy to empower the working class against jingoistic imperialism. Bravo.
Well, Gen Z took notice. Ed Markey is a true, bona fide cool boomer.
Markey's Senate re-election prospects have shifted dramatically since the start of the race. He now boasts a double-digit lead over Kennedy, with vast majority support amongst younger voters and an entire meme campaign behind him. One Esquire article said that he was "Closing the Massachusetts Senate Race Like F*cking Secretariat."
Ed Markey has sneaker game.
can we all take a moment to appreciate Ed Markey's sneaker game? https://t.co/Rv3ijnbIpH— keyvan (کیوان) (@keyvan (کیوان))1597350541.0
Ed Markey has girls Tik Tok dancing for him.
learned a new tik tok dance anyway if you’re in massachusetts vote for ed markey september 1st https://t.co/BD794jxz17— ed markey reply girl (@ed markey reply girl)1597356401.0
Ed Markey has hot girl energy.
me arriving to vote for ed markey with my different identities, hot girls vote for ed markey https://t.co/6JCBIUCSTE— Yéné (@Yéné)1597177456.0
Ed Markey even has some moms certified simping for him.
My mom, certified simp for Ed Markey https://t.co/9YofKikMLn— Sam (@Sam)1597374993.0
So, yeah, you could say that Ed Markey is proving that even boomers can be pretty cool. Don't let his efforts go to waste. If you're a boomer in Massachusetts, you can be cool, too.
His announcement that he will not be voting to allow witnesses in the impeachment trial has lasting implications for the country and the world.
Behold the arbiter of your future.
This is the Senator who has decided that there is no need to call witnesses in the impeachment trial of Donald Trump—a man who used his powers as president in a deliberate attempt to subvert the electoral process with the assistance of a foreign government. Lamar Alexander, a 79-year-old white man from Tennessee, has unilaterally determined that Donald Trump's crimes are not worthy of punishment from the only body with the capacity to hold him accountable. As a result, by the time you read this, Donald Trump will likely have already been acquitted and the impeachment will be over.
Alexander's claim—according to the statement released Thursday night—is that Trump's misdeeds have already been proven, and there's no need for the public spectacle of witnesses attesting to those misdeeds on national TV. He asserts that, while withholding military aide from Ukraine until they publicly announce an investigation into your political opponent may be a bad look, it doesn't rise to the "Constitution's high bar for an impeachable offense." And it is not the Senate's role "to remove the president from office and ban him from this year's ballot simply for actions that are inappropriate."
There is some truth to this statement, but it's a small truth that helps to conceal a much bigger lie. Granted, there are varying legal opinions on what constitutes "high crimes and misdemeanors," and there was essentially zero chance that the Senate's Republican majority was ever going to vote to remove Donald Trump from office. So why bother going through the motions of a legitimate impeachment trial—allowing new evidence and witness testimony? The answer lies in another portion of Alexander's statement: "Our founding documents provide for duly elected presidents who serve with 'the consent of the governed,' not at the pleasure of the United States Congress. Let the people decide." This, despite the fact that more than 70% of Americans wanted the impeachment trial to include witnesses.
And how should the people decide if there are facts and perspectives being deliberately withheld? That has been the explicit goal in Mitch McConnell's handling of the impeachment trial. Presumably, he knows what the Watergate hearings did to Richard Nixon's approval rating. Nixon resigned because the American people were exposed to who he truly was, and they turned against him. If not for those hearings, he would have remained popular. Likewise, according to a recent poll, 65% of Republicans consider Trump's interactions with Ukraine "normal presidential behavior." Consent is not truly consent if it is not informed.
Pew Research Center
So while Lamar Alexander may be convinced that Trump acted inappropriately, without the spectacle of witness testimony, that is not the message many Americans are going to receive. They will hear that Trump has been exonerated. That impeachment was a nothing-burger and a distraction. And they probably won't read John Bolton's damning book. And Lamar Alexander knows that.
On Tuesday, Donald Trump will give his State of the Union address and will have ample opportunity to move the national conversation past his multiple deliberate attempt to interfere with the democratic process and to obstruct the various efforts to expose him—including instructions to "take out" a troublesome diplomat. Normal presidential behavior? He was trying to cheat in the election, and apparently—as long as your political party controls the majority in the senate—that's allowed.
Senator Alexander has cleared the way for the American people to carry on with normal life without truly confronting the corruption that defines Donald Trump's interactions with the world and everyone around him. He has made it increasingly likely that Donald Trump will continue to use the immense powers of the presidency to pursue personal and political ends at the expense of global stability, our democratic institutions, and a sustainable future. Lamar Alexander—along with 50 of his colleagues—will soon have effectively rubber-stamped election rigging.
But in his statement there is no indication that this choice has any significant ramifications. He is willingly obscuring the real stakes, partly out of party loyalty, and partly because his age makes those stakes abstract. He will be dead soon. Maybe not this year or the next, or even twenty years from now, but in comparison to the young membership of the Sunrise Movement—for instance—his thinking is fundamentally and frighteningly short-term.
If Donald Trump wins re-election in November, it will likely be the outcome of various efforts to leave Americans misinformed and disenfranchised and will almost certainly result in the United States fully abdicating our duty to address climate change—the "Chinese hoax"—with the urgent and intensive action it requires. And there will be many people to blame, but few who were as well-positioned to alter this horrific course of events as Senator Lamar Alexander.
So congratulations, sir. In your waning years you managed to ensure that American democracy and a livable climate are on their way out too. Way to go.
We live in a divided nation—but there some things will always bind us together.
Very few people seem to be getting along in America right now. Countless relationships have ended, and families have broken apart because of political and ideological differences, which have only grown more extreme following the 2016 election. The divide between Democrats and Republicans, pro-lifers and pro-choicers, climate-change deniers and believers, and many more have become unfathomably vast.
Image via the Seattle Times
But amidst all the chaos, violence and noise, there are just some issues that are decidedly non-partisan; some topics that are so unanimously agreed on that for a moment, it almost seems like we're all only human. In a time of rage, here are the few points of commonality we have.
1. Robocalls Should Stop Forever
There are so many contentious issues being debated in Congress today—from the Green New Deal to bathrooms to anything even remotely connected to the president; it's safe to say that there are very few things everyone in the House and Senate agree upon. But recently, two bills were introduced in the spirit of stopping robocalls—those awful telemarketer messages that constantly interrupt our day with health insurance scams or calls from the Chinese consulate—forever. One is the proposal Stopping Bad Robocalls, from Senator Frank Pallone of New Jersey. The other is Massachusetts Senator Ed Markey's Telephone Robocall Criminal Abuse Enforcement and Deterrence Act. Both of these proposals will make it much harder for telemarketers to call and force their wills upon unsuspecting constituents. According to Markey, "If this bill can't pass, no bill can pass."
AI support centre Image via Ars Technica
2. Voting is Important
Now, though the issue of who to vote for is one of the easiest ways to turn an ordinary Thanksgiving dinner into a full-on screamfest, most Americans do agree that as citizens of this country, we are responsible for performing our civic duty and making our political opinions heard. Starting way back with the Founding Fathers, this has been an American ideal that nobody except for the staunchest anarchists or most apathetic among us is resistant to. Even so, only around 58.1% of America's voting-eligible population voted in 2016, although 67% of Americans believe that not voting is a huge problem, according to a survey by the Public Religion Research Institute. Maybe the disparity lies in the fact that the people who do not believe in voting also probably wouldn't be too likely to respond to a random political survey.
3. The News Is Fake
No matter where you prefer to get your news, most Americans agree that the media has serious issues—namely the abundance of falsified information plaguing and distorting everything from our elections to our dating lives. The issue isn't only a problem among journalists; politicians themselves are also widely distrusted, and for a good reason. In 2010, Senator Jim McMinn proclaimed that 94% of bills in Congress are passed without issue (it was found to be about 27.4%—although who knows if that statistic is true, though it did come from a Pulitzer-prize-winning political fact-checking organization). Since then, things have spiraled more and more out of control. There's no legitimate way to check how much fake news is out there, but according to one survey, most viewers were suspicious of 80% of the news they saw on social media and 60% of what they saw online overall. Though if you're like the majority of Americans, you won't be taking this article's word for it.
Image via Vox
4. We Should Have Healthcare
Although there is certainly not a clear consensus, most Americans do support healthcare for all. According to a 2018 poll, 6 out of 10 Americans believe that the government should provide healthcare for everyone; another survey from The Hill found that 70% of Americans support Medicare for all, and even a small majority of Republicans are in favor of the idea.
5. The Nation Is Divided
We can all agree on one thing: disagreeing. 81% of Americans believe that we are more divided than at any other time in our nation's history, according to Time. (Remember, there was this thing called the Civil War). Americans can't even agree on what exactly the nation's most significant points of disagreement are: most Democrats believe gun control is a huge issue while most Republicans consider it unimportant; same with climate change and income equality, according to surveys from the Pew Institute.
Although contention and chaos might be the laws of the day, at least we'll always have a shared hatred of telemarketers to bind us all together.
Eden Arielle Gordon is a writer and musician from New York City.
Historically, fewer than 10% of all presidential vetoes have been overturned, or 106 in total.
On Tuesday, the House of Representatives voted 245-182 to overrule Donald Trump's declaration of national emergency regarding immigration at the U.S.-Mexico border. Trump declared a national emergency on February 15 in hopes to redirect up to $8 billion from military funds and the Treasury to fund a border wall. While unprecedented, the tactic could theoretically manipulate the Constitution's funding laws to successfully bypass Congress and allow a sitting president to reallocate funds without congressional permission. Even though the House passed the resolution to terminate the declaration of emergency, Trump has vowed to veto the resolution if it should make it to his desk. So how can Congress overrule a veto, and how rarely is it done?
When a president vetoes a bill, Congress can only override the veto by taking a second vote in both chambers and passing the bill with a two-third majority in both houses. Historically, fewer than 10% of all presidential vetoes have been overturned, or 106 in total. The last time Congress over-ruled a veto was October 11, 2000, when Bill Clinton's bill Energy and Water Development Appropriations.
The rarity of a veto override is attributed to the bipartisan conflict of each chamber of Congress. For example, in 2000, the Republicans held a majority in both the Senate and the house when they overruled the sitting Democrat president. The current Congress is divided between a Democrat-lead House (235-199) and a Republican-led Senate (53-45). Achieving a two-thirds majority in both chambers of Congress is simply unlikely when they are led by separate parties.
As for the resolution to overrule Trump's national emergency, the Senate is set to vote on the resolution before March 18. Since it's a privileged measure, no filibustering is allowed; only a majority will pass or defeat the resolution. The crux of the matter is whether enough Republican Senators can be swayed to vote with the Democrats. As of Friday, three Republican Senators have vowed to to do so: Susan Collins of Maine, Lisa Murkowski of Alaska, and Thom Tillis of North Carolina. Only four more would be needed to send the resolution to Trump, assuming all Democrat Senator voted with their party. According to Five Thirty Eight, if Trump vetoes the measure, then both chambers of Congress are short of the votes needed to override (50 short in the House and 20 short in the Senate).
Thom Tillis wrote an op-ed for The Washington Post explaining his position to vote against party: "As a U.S. senator, I cannot justify providing the executive with more ways to bypass Congress," Tillis explained. "As a conservative, I cannot endorse a precedent that I know future left-wing presidents will exploit to advance radical policies that will erode economic and individual freedoms."
Prior to the House vote, Speaker Nancy Pelosi addressed House Republicans, "Is your oath of office to Donald Trump or is it to the Constitution of the United States? You cannot let him undermine your pledge to the Constitution."
The conservative Republican made history when she won a seat in Congress, despite backlash over recent racially-charged comments.
In the last Senate race to be called, Mississippi has elected its first female Senator. Cindy Hyde-Smith will hold one of the Republicans' 53 seats to Democrats' 47 seats, setting a new record of 24 women in the Senate next year. However, the victory as a mark of social progress is tainted due to Hyde-Smith's history of racially-charged comments and sheltered background.
Leading up to the election, Hyde-Smith received backlash over a video of her joking with a supporter that if she were invited to a "public hanging," she'd be in "the front row." Following public outcry, she released an apology, stating, "For anyone who was offended by my comment, I certainly apologize."
New York Post
At the same time, however, she dismissed the criticism as "ridiculous." Claiming that she possessed no ill intentions, she framed the comment as nothing more than banter with a supporter, stating, "In referencing the one who invited me, I used an exaggerated expression of regard, and any attempt to turn this into a negative connotation is ridiculous."
The conservative Senator has the public divided over whether Mississippi is heading towards a more inclusive future or embracing a troubled past. Hyde-Smith's "public hanging" comments evoke the state's ignominious history of mob lynchings, Jim Crow, and legally-enforced segregation. On Friday, the Jackson Free-Press uncovered that the 59-year-old graduated from a southern private school established in the '70s to eschew desegregation orders after the ruling of Brown v. Board of Education.
Mississippi has been criticized for allowing segregated private schools as recently as 2017. Hyde-Smith's alma mater, Lawrence County Academy, hosted a mascot dressed as a Confederate general and displayed a Confederate flag. The Senator elected to send her daughter to a similar "segregation academy."
CNN also looked into Hyde-Smith's past and reported that she's advocated a revisionist view of the Civil War and backed a measure to honor a Confederate soldier's efforts to "defend his homeland." Additionally, the Senator's Facebook page displays pictures from 2014 in which she's posing with Confederate artifacts during a visit to Beauvoir, the hometown of Confederate President Jefferson Davis. The photo's caption reads, "Mississippi history at its best!"
On Tuesday, Hyde-Smith credited her win to the state's dedication to "conservative values." In her victory speech, she said, "The reason we won is because Mississippians know me and they know my heart. This win tonight, this victory, it's about our conservative values, it's about the things that mean the most to all of us Mississippians: our faith, our family."
Hyde-Smith received her strongest support from Mississippi's rural and predominantly white counties, according to The New York Times. CNN also attributed the win to Donald Trump's last-minute trips to the state. During a Monday night rally in Biloxi, Trump told the crowd, "She is respected by all. Some long-term senators, they've been down there, they told me, this is a woman that gets it. She's smart, she's tough, and she loves you." He went on, "She produces like few produce. This is a very, very special person."
After a race that was closer than anticipated, Democrat Mike Espy conceded to Hyde-Smith on Tuesday. He offered hopeful regards to the new Senator, stating, "[She] has my prayers as she goes to Washington to unite a very divided Mississippi."
Los Angeles Times
Democrats have control of the House for the first time in eight years. Now, they have a mandate to push for a bold agenda on infrastructure, healthcare, immigration, and voting rights.
After months of warnings, the "Blue Wave" finally came to shore. Democrats took back control of the House, gaining 32 seats, a number that could increase to 38 or 39, depending on the results of the uncalled races. With the party back in charge of the lower chamber, much of the discussion around what their priorities should be has revolved around investigating the president and his myriad of financial and political scandals. House Democrats have a clear mandate to fulfill their constitutional duty to provide oversight of the White House, but Democrats also have a mandate to address a number of major legislative issues. Though it's unlikely Democrats that will get any of these priorities pushed before the president and a Republican Senate, it's crucial that they signal to their voters what they want to done should they win the presidency and the Senate in the future.
As a candidate and in the beginning of his presidency, Donald Trump promised to tackle the nation's crumbling infrastructure. That, of course, has gone nowhere and every "Infrastructure Week" ended in some scandal, quickly becoming an ongoing joke. But the state of America's infrastructure is nothing to joke about. Infrastructure spending has long been a Democratic Party priority before Trump attempted to co-opt it. Democrats should push that issue once again, proposing a bold infrastructure plan to repair crumbling roads and bridges, modernize public transportation systems, expand access to high-speed, fiber-optic Internet, and invest in green energy projects like wind, solar, and hydroelectric power.
Such an infrastructure plan would signal the party's commitment to investing in neglected communities and funding renewable energy projects such as a broader plan to combat climate change—not to mention open the door to the many economic benefits of infrastructure spending. It would also establish a clear contrast with Trump's previous infrastructure plan that's been criticized as a giveaway to private contractors. The president has said he is willing to work with Democrats, so why not press him to keep his word? Democrats would be wise to pressure the president and his Republican supporters to prioritize infrastructure, or face political consequences.
No other issue played a bigger role in the Democrats' midterm success than healthcare. Their electoral message on healthcare was simple: Protect people with pre-existing conditions, expand coverage and stop proposed cuts to Medicare and Medicaid. Now they must deliver on these promises. House Democrats can immediately pass legislation to protect coverage for people with pre-existing conditions, pressuring Trump and other Republicans who have vowed to do the same to keep their word. With a full repeal of the Affordable Care act now temporarily off the table, Democrats should push to expand coverage and address the limitations of the ACA. These can range from introducing incremental policies that get support from more moderate Democrats, like legislation to stabilize insurance markets, to bolder policies that attract the progressive wing of the party, like allowing Medicare more power to negotiate drug prices and proposing a Medicare buy-in for 55 to 64-year-olds.
While the long-term goal for the party should be to push for a Medicare for All system, these are positive steps toward a goal that still has a lot of opposition from within the party. Finally, any budget proposed by House Democrats should reverse any funding cuts to Medicare and Medicaid. Democrats have an ideal opportunity to push for a positive vision on healthcare and continue to have the upper hand on the issue heading into 2020.
Bitter political battles over immigration, especially over funding for the border wall and the fate of DACA, will be a prominent feature of politics the next two years. Democrats are right to be alarmed over the administration's immigration policies like family separation and ending DACA, but now it's crucial they advocate for an immigration agenda in contrast to the Republican agenda. With the fate of DACA likely in the hands of the Supreme Court, Democrats must push for a long-term legislative solution. The most stable solution is the passage of the Dream Act. It would also be politically beneficial for the Democrats to bring it to the floor cleanly, without a compromise on funding for the wall. Furthermore, Democrats should schedule hearings about the family separation policy and Trump's pre-election decision to bring troops to the southern border in response to the migrant caravan. Democratic voters have become more liberal on immigration, and it's important the party signal to its base that they are willing to find solutions on the issue without compromising its core values.
Much of the post-election analysis has focused on the effects of voter suppression, notably in Georgia, North Dakota, and Florida. These voter suppression efforts have only increased since the Supreme Court struck down the section of the Voting Rights Act, which required states with a history of racial discrimination to get permission from the Department of Justice when enacting any changes in voting laws. In response, states around the country immediately passed strict voter ID laws. Fortunately, the Supreme Court decision left the door open for future legislative action. House Democrats can immediately take action and strengthen the Voting Rights Act. They would also be wise to propose legislation to make Election Day a federal holiday, or move Election Day to a Sunday, as it is in most places around the world. While Republicans are busy spreading conspiracy theories about voter fraud, Democrats should take the opposite path and make it clear they will fight continuing discrimination in voting. For strategic and moral purposes, the party has an obligation to extend democracy in every way when voting rights are under tremendous pressure.
Dan is a writer, thinker and occasional optimist in this random, chaotic world. You can follow him on Twitter @danescalona77.
The Senate will hold the final vote as early as Saturday
Judge Brett M. Kavanaugh's chances of landing his Supreme Court nomination reached new heights Friday as the Senate narrowly voted to limit debate and move to a final vote.
The procedure, known as cloture, resulted in a 51-49 vote that saw the majority of senators following party allegiances. Two surprising exceptions were Republican Lisa Murkowski from Alaska who voted 'No,' and Democrat Joe Manchin III from West Virginia who voted 'Yes.' Murkowski's vote is surprising given her FiveThirtyEight "Trump score" of nearly 83%, which is the percentage of how often she votes in line with the president's position on any given issue. Manchin's position is less surprising when you consider his 61% score.
The vote comes one day after the conclusion of the FBI's investigation into the alleged sexual misconduct of Kavanaugh by Christine Blasey Ford and second accuser Deborah Ramirez. Senators vehemently disagreed over the integrity of the report and were bitterly divided along party lines.
Judiciary Committee chairman Charles E. Grassley (R-Iowa) called Kavanaugh "the most qualified nominee in our nation's history" and accused Democrats of waging a smear campaign against the judge. Swing-vote senators Jeff Flake (R-Ariz.) and Susan Collins (R-Maine) seemed to be satisfied with the FBI's findings, while Senator Dianne Feinstein (D-Calif.) was more critical, concluding, "The most notable part of this report is what's not in it."
Today's vote is the penultimate step in one of the most contentious Supreme Court nomination processes in national memory. If confirmed, Judge Kavanaugh will be President Trump's second successful nominee to the high court and will tip its ideological scale to the right for decades. Kavanaugh would replace retired Justice Anthony M. Kennedy, who was the court's swing vote and wrote the majority opinion in landmark cases such as Citizens United v. FEC, Planned Parenthood v. Casey, and Obergefell v. Hodges.
President Trump tweeted that he was "very proud" of the Senate for saying "Yes" to the procedural vote.
Very proud of the U.S. Senate for voting “YES" to advance the nomination of Judge Brett Kavanaugh!
— Donald J. Trump (@realDonaldTrump) October 5, 2018
The final vote is planned to take place on Saturday after 30 hours of last-minute debate. Scheduling complications include the absence of GOP Sen. Steve Daines of Montana because of his daughter's wedding, as well as Monday's Columbus Day holiday. Republicans cannot afford to lose a vote if all Democrats vote against the nominee.
Susan Collins (R-Maine) will reveal her final vote for the SCOTUS nominee Friday at 3:00pm ET. Andrew Harnik, AP
Swing vote Susan Collins, who voted 'Yes' on moving the nomination process along, has stated publicly that this vote did not necessarily correlate with her final vote on Judge Kavanaugh. Her decision will be revealed Friday afternoon. Other undecided senators to watch include Joe Manchin, Lisa Murkowski, and Jeff Flake.
Earlier this week, former Supreme Court justice John Paul Stevens, 98, said Kavanaugh's testimony proved him unfit to sit on the nation's highest court. Speaking to a group of retirees in Florida, Stevens suggested the nominee lacked the appropriate temperament and showed potential for political bias.
On Thursday, Kavanaugh said he's an "independent, impartial" judge in an op-ed he published in the Wall Street Journal. The results of a recent public opinion poll concludes more Americans believe Ford than the Supreme Court nominee.Joshua Smalley is a New York-based writer, editor, and playwright. Find Josh at his website and on Twitter: @smalleywrites