This Weeks’ Senate Rules Change:”The Nuclear Option”

For the past several months, we have heard the media evaluating whether an act will pass in the Senate, based upon its chance of having two thirds of the senators favoring it. I had always thought that the Senate will pass legislation by a majority vote, not requiring a two thirds vote except in rare instances like declaring war, ratifying treaties, and the like. So what is going on? What happened in terms of rules changes this week? And why is this referred to as the “Nuclear Option”?
Our congress is composed of two houses, The Senate, and The House of Representatives. The Senate is comprised of two Senators from each State, providing equal say to different regions of the USA. The House of Representatives is comprised of Representatives from each State, the number of which representatives being in proportion to the adult population of each State. Thus each Representative is elected by an equal number of people voting, providing equal say to equal numbers of the population irrespective of region. Each House proposes and acts on legislation, approving or rejecting these Acts by majority vote. However, in the Senate, any Senator can “Filibuster” legislation particularly abhorrent to him or her, by taking the floor and talking, about anything, without end. This delay in voting by refusing to yield the podium is called the “Filibuster”. To end a “Filibuster” required two thirds of the Senators voting to stop it (when this rule was adopted in 1917).  In 1975 this rule was changed to three fifths, or 60 Senators. This is called “Cloture”. In the other House, debate by any Representatives is limited in time by their rules, thus there is no “Filibuster”, and no need for “Cloture”. The longest Filibuster took place in 1957, when Strom Thurmond filibustered against civil rights legislation for 24 hours and 18 minutes without stopping. The filibuster was designed to give more power to the minority to force the majority to bargain on issues of great importance to the minority. It was understood that this method of bringing the Senate to a grinding halt was only to be used rarely, on issues of great importance to the minority. Recently, it has been used by Republicans (the minority), to block Senate confirmation of numerous Presidential Nominees to fill important appointed government positions.
On Thursday, Senate Majority Leader, Harry Reid got a motion to change the Rules regarding Cloture passed (52-48), so that it will only take a majority vote to stop a filibuster blocking the Senate from voting on these Presidential appointees, ostensibly the same majority needed to approve the nominee. The reason offered was that action on 79 Obama nominees had been blocked by filibuster, where only 68 nominees by all prior presidents had been blocked, suggesting abuse of the filibuster by the minority.
Since this Rules change removes significant power from the minority, it has been referred to as the “Nuclear Option”. Since only the Senate is required to approve political appointees by the President, the Republican Majority in the House of Representatives plays no role in how Government management jobs are filled.
So, rest assured, the Senate had no vote regarding the use of Nuclear Energy this week, only a change in their rules that will have a major impact on future Presidential appointees. It is an outgrowth of a change in the Senators themselves, and a growing inability of these childish individuals to relate to one another and to work effectively to solve the problems facing this Nation. The only hope for the people is the growth of the “NO Labels” movement in D.C.; a collection of 90 Representatives and Senators who are getting together outside the Halls of congress to try to do what they are unable to do inside those halls, talk to each other, and find common ground.