Well, darn. The plan to split California into six separate states died before it even hit the ballot. Not that there was ever any chance of this proposal ever becoming a reality, but we don’t even get to debate its merits (or lack thereof) for the next two years.
A note to all you would be initiative sponsors out there: Yes, people will sign a lot of what you shove in their faces outside the grocery store or the mall. They won’t put much thought into whether they are signing the right form, whether they can legally sign it, or whether they are signing their own name or someone else’s name, though. Draper’s organization submitted 1,150,000 signatures hoping to get at least the needed 807,615 valid signatures. They weren’t able to get there, falling about 50,000 short.
Count me as disappointed.
The Senate is currently debating whether to impose the “nuclear option” on presidential nominees for executive branch offices and for nominees to the district and appellate courts. Nominees to the Supreme Court would, for now, still be subject to the filibuster. Senate Democrats threatened to make similar changes at the start of the current Congress and again over the past summer. (See here for a quick summary of the timeline.) Each time, however, they were able to reach a deal with the Republicans to allow some nominations to proceed without changing the rules.
While there will be protests that Senate Democrats have broken the rules if they do restrict the use of the filibuster (this is currently Mitch McConnell’s favorite talking point), most observers agree that it can be done. Gregory Koger, for example, writes:
Bottom line: a simple majority has—and has always had—the power to restrict filibustering if senators are willing to take extreme measures to achieve their goals. Although parliamentary rules are discussed as if they are LAWS (with “rules” and “precedents” and “rulings from the chair”) in the final analysis the rules can be interpreted however a majority of the legislature prefer.
The basic logic of filibuster reform is this: Is it worth enough for me today, as I sit in the majority, to lose the filibuster in the future should my party become the minority? Am I willing to give up the potential to obstruct in the future so that I can get my way today? (Yes, there are reputation and potential electoral costs that I will incur if I change the rules, but these are relatively minor. PR wars happen all the time over bigger issues that have little to no effect on elections.)
It’s unclear what the outcome of this change would be. Would Senate Republicans follow through on the MAD (mutually assured destruction) aspect of the nuclear option and grind the Senate to a complete halt by obstructing everything else? Honestly, the reason the Senate Democrats are willing to even discuss the nuclear option is that over the last five years the Republicans have already largely adopted this policy. Yes, there is more that could happen in the way of obstruction, but the level of Republican obstruction has become so great that Democrats feel it is now worth paying the price.
I do think, however, that any change in the filibuster today would signal the beginning of the end of the filibuster has we have known and loved it. If it is okay to change the filibuster today because of minority party obstruction of nominees, it becomes easier to change the filibuster tomorrow because of minority party obstruction of a bill.
BTW, my go to sources for analysis of any such proposal are Sarah Binder and Gregory Koger, both of whom have written extensively on the filibuster (see here, here, and here for examples of Binder’s work and here, here, and here for examples of Koger’s work). They don’t always agree on their analysis.
The federal deficit at the end of FY 2012 was $1,087,000,000,000. If you want to make a dent in the level of national debt, you have to turn that number positive. Here’s where we spent money in FY 2012. Can you make enough cuts to get to $1,087,000,000,000? Of course, your other option is to increase revenue (i.e., raise taxes).