By Kevin D. Williamson
Thursday, April 06, 2017
Mitch McConnell did the right thing by deploying “the
nuclear option,” taking away the filibuster as a tool of Democratic obstruction
in the matter of Neil Gorsuch’s nomination to the Supreme Court.
But we should take a moment to mourn the filibuster
nonetheless.
And we ought to take a much longer moment to mourn the
collapse of a political culture that produced leaders with senses of responsibility
sufficient to be trusted with such a tool.
We sometimes speak of organizations that run “like a
fine-tuned machine.” Our federal government is not one of those organizations,
though it is, as democratic republics go, arguably the finest machine going and
the oldest extant design. In that it is a little like the Porsche 911. Do you
know what the most expensive performance option currently offered on a Porsche
911 is? Superior brakes. As passengers in my beloved 1982 Honda Prelude learned
from time to time, an excellent machine that can accelerate but cannot quite
stop provides a dangerous and terrifying ride.
The Senate, with its minority-empowering rules and
procedures, is one of the federal government’s most important brakes. Every
branch has a brake: The president has his veto, the Supreme Court is pretty
much all brake, and the legislative branch has a complex braking mechanism:
Congress is divided against itself, with the unruly and robustly democratic
House often frustrated — by design — by the Senate, which before the direct
election of its members had an even less democratic character than it does
today. (The 17th Amendment is a scar on the Constitution and one of the worst
of the idealistic measures of the Progressive era; surely Republicans looking
at the current situation in the state legislatures must lament it.) The
committee structure is another important decelerator.
The filibuster gets a bad rap, in no small part because
Democrats have used it to nasty ends. The most infamous filibuster was Strom
Thurmond’s 24-hour-plus assault against Republican civil-rights legislation
being shepherded through Congress by the Eisenhower administration with the
assistance of Richard Nixon. Huey Long, the subtropical Bernie Sanders, used
the filibuster to keep control over patronage jobs in Louisiana. I personally
prefer the Republican filibuster, especially the one during which Senator Rand
Paul attempted to browbeat his less courageous colleagues into submission by
reading them my columns. That was a good filibuster.
Senator Paul was working to draw attention to the serious
question of the U.S. government’s conducting drone assassinations around the
world, a project that has included the extrajudicial killing of U.S. citizens.
That’s a real issue. Senator Alfonse D’Amato (remember him?), a New York
Republican (remember those?), read his colleagues the phone book in his stand
against a military-spending bill, and Fighting Bob La Follette, a Wisconsin
Republican who was not as fond of fighting as his nickname implied, filibustered
against a measure that he believed would draw the United States into the war
against Germany in 1917. That’s consequential stuff.
Chuck Schumer is full of a different kind of stuff.
There isn’t a serious case to be made against Neil
Gorsuch, who was unanimously confirmed to the federal bench — not a single
Democratic holdout — only a few years ago. Democrats might complain that this
is only a tit-for-tat payback for Republicans’ doing to Barack Obama what Joe
Biden dreamed of doing to George H. W. Bush in 1992. And the people who
conducted the shameful jihad against Robert Bork and who manufactured a phony
sexual-harassment case against Clarence Thomas can hardly cry “They started
it!” If you want to complain about the ugliness surrounding Supreme Court
nominations, go dig up Teddy Kennedy’s wretched old bones and yell at them.
But here’s the thing: Congress is known to do really dumb
things from time to time. (Muppet News Flash!) Majorities often are even dumber
than minorities, and, at the risk of resorting to shallow bipartisanship, there
is no reason to believe that a stampeding herd of elephants is any less of a
danger to our liberties and property than is a stampeding herd of jackasses. It
would be good to have an instrument empowering the occasional sober senator to
stand up from time to time and say, “I know that there are 51 of you in favor
of this, but I am not entirely sure that we should trade the contents of Fort
Knox for a bag of magic beans.”
A filibuster, a majority, a committee chairmanship, a
loaded gun: Each of these deserves to be handled with care and with prudence, a
commodity for which there simply is no substitute. George Washington is
supposed to have said that government is “like fire, a dangerous servant and a
fearful master.” Sometimes, people who play with fire get burned.
Sometimes, they get nuked.
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