In today’s senate the Democrats have 51 seats, the
Republicans 47. Two independents caucus with the democrats, producing a
majority of 53—well short of the required 60 votes for cloture. This then means
that every democrat who voted for a senator only counted as 85 percent of a
voter (thus 51 / 60). And if we add those who voted for left-leaning
independents, Okay, they all counted as 88 percent. That’s a real consolation,
isn’t it?
Now the rationale for supermajorities is what, exactly? That
in important cases, thus beyond routine, the majority may be deprived of its
vote because the case is important? But importance is not something one can
measure rationally. It will vary with individuals and is just a feeling.
Therefore, at least in one institution of our society, we embrace average
rationality. Must we stop there. Nah. Plenty of other regions of our collective
life where rationality is totally ignored.
In looking up “cloture” on Online Etymology Dictionary, I
came across this interesting quote from the nineteenth century:
In foreign countries the Clôture has been used notoriously to
barricade up a majority against the “pestilent”" criticism of a minority,
and in this country every “whip” and force is employed by the majority to
re-assert its continued supremacy and to keep its ranks intact whenever
attacked. How this one-sided struggle to maintain solidarity can be construed
into “good for all” is inexplicable in the sense uttered. [“The clôture and the
Recent Debate, a Letter to Sir J. Lubbock,” London, 1882]
Evidently cloture has “evolved.” Now it is used, in our
Senate, by a minority to get its way—and the will of the people be damned. But
when children are taught their Civics (unless all civics has been swallowed by Social Studies, as I expect it
has), I bet the teachers do not go into conniption fits of stress trying to
explain to their students how you average rationality.
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