Filibuster might be a sandwich, but more likely its a ‘stalling tactic’ used by the minority party in the Senate (currently the Republicans) to prevent legislation from passing through the Senate.

The big number is 60

With 60 votes you can invoke cloture – and end a filibuster. Because of the filibuster 60 votes (rather than a simple majority) are needed in the Senate in order to get any controversial legislation passed.

If you don’t have 60 votes and your legislation is controversial – you might as well go home.

The filibuster is not mentioned in the United States Constitution, but it is a long running tradition in the Senate. It gives the minority party a significant source of power, despite its minority status. The question is, however, should the minority party be able to wield this kind of power? More people did, in fact, vote for the other party.

Currently, the Democrats (along with the two Independents who caucus with them) have 57 58 votes with races in Alaska, Georgia and Minnesota still undecided after November 4th. This COULD lead to 60 Democrats and 40 Republicans. It’s doubtful that the Democrats will be this fortunate, however.

Update: Alaska’s seat has been called for the Democrat, Mark Begich. He upset incumbent Republican Ted Stevens

Even though the Democrats may not get 60 seats needed for a supermajority – the Republicans still won’t filibuster quite like they (and Democrats) used to.

Here’s an article that argues why!

Let’s count the actual votes on the Republican side of the aisle, asking which senators would have both the inclination and the will to join a filibuster. Every issue calls forth different levels of resistance, of course, but in each instance the opposition would need at least 41 total. In the very worst case, should the Republicans pick up all the remaining seats, they will begin with [44].

This means that the Democrats only have to pull three Republicans away from their party in order to prevent a filibuster. Only three. In a body where loyalty is rewarded, but not demanded, and in a political climate leaning left, this may not be very difficult.

In fact, the Democrats haven’t had 60 votes in the Senate since 1977 and the Republicans (if I do my math correctly) haven’t had a filibuster proof majority since 1923. Back then Robert Byrd (D-WV) was only five years old!

Does the Democratic supermajority concern you? After January 20th, the Democrats will control the White House and both Houses of Congress. Is it possible that this is just simply too much power for one party to handle?

Update: Politico mulls the idea of a Democratic supermajority

This week we’ll spend a lot of time talking about how we can change the Constitution. Every year dozens of amendments are proposed to the Constitution an in the entire history (230+ years) of the United States, we’ve only approved 27 amendments. Of those 27, the first 10 (the Bill of Rights) were more like an extension to the original Constitution. In fact, several amendments have been passed by congress and not passed by the states. Obviously its pretty difficult to amend it!

However, the Constitution is far from a perfect document. We have an Electoral College that prevents the people from directly electing the President, a Senate that isn’t truly democratic, and a Supreme Court that isn’t democratic at all! Some political scientists even argue that so many Americans are disinterested in the political system because an antiquated Constitution alienates them!

If you WERE actually able to amend the Constitution, what would you change?

I found a list of recently proposed amendments to the Constitution.

Some of the more interesting ones ( along with the Congress that voted them down) are:

109th Congress (2005-2006)

• To ensure reproductive rights of women
• To allow non-natural born citizens to become President if they have been a citizen for 20 years
• The “Every Vote Counts” Amendment – providing for direct election of the President and Vice President, abolishing the Electoral College

108th Congress (2003-2004)

• To lower the age restriction on Representatives and Senators from 30 and 25 respectively to 21
• To restrict marriage in all states to be between a man and a woman
• To allow Congress to pass laws for emergency replenishment of its membership should more than a quarter of either house be killed

107th Congress (2001-2002)

• To specify a right to “equal high quality” health care
• To allow for any person who has been a citizen of the United States for twenty years or more to be eligible for the Presidency

106th Congress (1999-2000)

• To provide a new method for proposing amendments to the Constitution, where two-thirds of all state legislatures could start the process
• To declare that life begins at conception and that the 5th and 14th amendments apply to unborn children

105th Congress (1997-1998)

• To provide for the reconfirmation of federal judges every 12 years
• To prohibit the early release of convicted criminals

Sanford Levinson, professor at the University of Texas, says we need to make some significant changes to the Constitution!

Larry J. Sabato, professor at the University of Virginia, makes of list of 23 amendments that should be made to the Constitution!

Some other interesting ideas:

• War Making Limitations
• Non-Natural Born Presidents
• Proportional Representation in the Senate
• Extending the length of House Terms
• Term limits for members of Congress
• End Lifetime tenure for Supreme Court Judges
• Mandatory retirement for Federal Judges
• Improving/Removing the Electoral College
• Automatic Voter Registration
• Mandatory National Service in the Military

What do you think? Should we add something new to the Constitution? What should we amend? Or should we simply have another Constitutional Convention and start all over?

And remember Thomas Jefferson’s ideas on the Constitution:

Every constitution, then, and every law, naturally expires at the end of nineteen years. If it be
enforced longer, it is an act of force, and not of right. – 1789

Download the assignment (.doc) here:

Amending the Constitution activity

You will use Microsoft Word, the textbook, and the internet to complete the assignment. I will let you know how to turn the assignment in at the end of class. Do not print it!

Take some time, when you’re completed with the assignment, to post some comments on MrOsman.com!

(Don’t forget your next test is on Wednesday the 24th)

The Republican Convention starts Tuesday!

Starting Tuesday in Minneapolis, MN the Republicans are coming together to nominate John McCain for President and head into the November 4 elections.

There will be several days of speeches, bands, parties, and good times on national television. It’s a lot of free press for the Republican Party. The RNC Schedule

However, with Hurricane Gustav hitting the Gulf Coast, the John McCain and the Republican Party have decided to post-pone the Convention for a day (to Tuesday). The NY Times notes that the storm has serious risks and possible rewards for the Republican Party. Check it out!

Hopefully, for the Republicans, there will be a ‘bounce’ after the convention. The Dems didn’t get the bounce they wanted. With Sarah Palin as John McCain’s running mate, there will be plenty to talk about!

What do you think? Will Hurricane Gustav help or hurt the Republican Party? Will Sarah Palin give John McCain the ‘bump’ that the Republicans need to pass Obama up?

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Texas’ race for Senator is getting a little closer in the polls. John Cornyn (R), the incumbent, is up against Rick Noriega (D).

This is the second poll in a row where Cornyn’s numbers are below 50%. But don’t read too much into it. Cornyn has raised A LOT more money than Noriega. In addition, a Democrat hasn’t won a state-wide office in Texas in 10 years! The Dallas Morning News doesn’t think Noriega really has a shot, and CQ Politics rates the race as ‘Republican Favorite.’

Speaker of the House Nanci Pelosi keeps touting Waco’s Congressman Chet Edwards as a ‘good choice’ to be Barack Obama’s running mate.

“I just wanted people to be aware of the extraordinary credentials of Chet Edwards. And I hope he will be the nominee,” Pelosi said. “He is an extraordinarily talented person. He is a champion for veterans in the Congress.”

The Dallas Morning News gives five reasons why Edwards makes a good VP. Note, however, the reader comments following the article.

Perhaps Pelosi really wants Edwards to be VP. Perhaps she’s merely giving him some free media exposure to help a future run for Governor or Senator in 2008.

The DCCC (Democratic Congressional Campaign Committee) is eyeing TX-10 (the congressional district I live in).

The DCCC’s intrest, and their money, will spice up the race between incumbent Michael McCaul (R) and tv personality Larry Joe Doherty (D). McCaul won by 15 percentage points 2006, and is sure to be a much closer race in 2008.

It is unlikely, however, that the challenger will defeat McCaul – even with the DCCC’s attention.

CQ Politics rates the race ‘Republican Favored‘

Do you think YOU could do a better job in Congress? Perhaps you have ambition to be a Senator or Congressman?

Take this quiz to see just how electable you are! Do you have what it takes to be elected representative for your district? The Austin American Statesman put this quiz together for you.

Are you electable?