Jonathan Chait writes at New York Magazine about interesting behind-the-scenes discussions involving the primary roadblock to congressional action.
President Trump periodically registers his totally correct opinion that the legislative filibuster is a stupid relic that the Senate should abolish. Senate Republicans continue to oppose him out of the highly rational belief that abolishing the filibuster would one day open the door to progressive legislation they oppose. But the real news in this story about Trump’s fruitless argument against the filibuster is that, according to Senate Republicans, Minority Leader Charles Schumer has promised Republicans not to change the filibuster if Democrats gain power.
“According to a senior GOP senator who spoke on condition of anonymity,” reports Politico, “Schumer has privately reassured Republican senators in recent weeks that he would not change the rules and is committed to keeping the filibuster.” What this means is that the decision to bottle up the agenda of the next Democratic president is being made right now, in private, in a secret deal between Schumer and Senate Republicans.
Contrary to popular belief, the supermajority requirement to pass legislation is not in the Constitution, and indeed was considered and consciously rejected by its framers. It evolved by accident and has changed many times. …
… I have yet to see anybody construct a good-government defense of the current arrangement of a supermajority threshold for legislation, regular majority for appointments. There are at least plausible arguments one could make for (1) a supermajority requirement for everything, (2) a majority requirement for everything, or (3) a majority requirement for legislation and a supermajority requirement for a judgeship. (After all, legislation can be undone, but a judicial appointment is forever.)
The status quo, in which you need a supermajority to pass routine legislation, while being able to give judges a lifetime appointment with a mere majority, has no public purpose whatsoever.
