Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Big democracy reforms can't happen unless the Senate fixes its huge anti-democratic flaw

Opinion

Sen. Krysten Sinema

Krysten Sinema is one of two Democrats standing in the way of long-overdue Senate reforms, writes Golden.

Chip Somodevilla/Getty Images

Golden is the author of "Unlock Congress" (Why Not Books, 2015) and a senior fellow at the Adlai Stevenson Center on Democracy. He is a member of The Fulcrum's editorial advisory board.


It's almost dead. And when we finally kill it off for good, it will be an epic day for our country.

I'm not talking about the Republican Party. Its survival will be up to its voters, or former voters.

And I'm not talking about the political death of the defendant whom the Senate just acquitted. Now that the trial is over, there's even more reason to ignore him.

I'm referring to the biggest blockage in our government, the one defect that has been holding us back from fixing the rest of the system's problems. For our system is rigged — just not in the ways you've become accustomed to hearing about from the world's loudest perch.

So, you may ask: What is it? When are you gonna name the thing?

First let me describe it — and the other big fixes it's holding up. If I were to take nearly the entire diagnosis in my book and distill it into 75 words, it would boil down to this:

American voters are ill-served and unfairly represented in Congress because of an electoral system that does two things. It allows officeholders to rig legislative races through the partisan drawing of maps ("gerrymandering") and by prohibiting candidates from running in general elections as independents after they've lost a primary. And it encourages officeholders to raise billions to keep their seats, resulting in behavior and decision-making that is probably corrupt and unrepresentative of the majority of Americans' preferences.

Now, before we get to the big "kill," two great developments have come to pass in the years since I started writing about this stuff.

First, reformers across the country have earned big wins to improve our system. A real movement has been quietly growing — from anti-corruption measures to money disclosure requirements to independent districting commissions and other fixes. One of the leading advocates of this charge, RepresentUs, is actually making reform cool.

Second, the For The People Act has been introduced again in Congress. It's called HR 1 in the House and S 1 in the Senate. The bill proposes two solutions straight out of my book, and would also confront voting rights. It's provisions include:

  • Requiring states to convene independent commissions to draw congressional maps.
  • Requiring disclosure of "dark money" contributions, setting up a small-donor matching system to empower candidates without wealthy networks, and strengthening the Federal Election Commission's oversight of so-called super PACs.
  • Enacting new reforms to remove barriers to voting and mandating paper ballots so that elections can be audited to ensure accuracy.

Now, I can make Boy Scout arguments all day for improving our democracy, but the fact is there are clear political consequences from HR 1 passing — and the GOP knows it. Perhaps none would be bigger than reducing Republicans' current power to gerrymander districts in order to win back the House — which would happen even if the national vote was split down the middle.

Yet for the first time in 12 years, Democrats now have political control on Capitol Hill and in the White House. All things being equal, this is their moment.

But all things are not equal. And now it's time to melodramatically unveil that monstrous blockage that must be killed -- the dam preventing our government from doing the big things most of us want. It's a pair of dumb Senate rules born accidentally 215 years ago, requiring 60 votes to pass most legislation — instead of the simple majority specifically outlined in our Constitution.

These rules are called "filibuster" and "cloture." And they both need to die.

Simply put, the Democrats now hold 50 seats in the Senate, not enough to pass S 1 and upgrade our representative democracy so long as the GOP stands unified against it. Without 60 votes, that bill will never be more than a piece of paper.

When I first made my case to kill the filibuster, it was not popularly shared. Senators waxed lovingly of the "bipartisanship" the rules produced and extolled the rights of the minority. I wasn't buying it. Constitutional scholar Emmet Bondurant and I perforated the senators' smokescreen on this site a year ago .

In 2017, GOP Leader Mitch McConnell reversed years of his own statements and got the Senate to eliminate the filibuster for Supreme Court nominations, allowing President Trump to add three polarizing conservative justices. It was entirely predictable. McConnell plays hardball, and it's how he installed a new ideological majority on the bench that will live for decades.

Now will the Democrats do the same? Will they "go nuclear" and kill the filibuster on the one remaining thing it can thwart — the passage of laws?

We don't know. But we do know it's possible. Over the last year, some of the party's biggest stars have come aboard and publicly spoken out in favor of nuking it: Barack Obama, Elizabeth Warren, Stacey Abrams, Pete Buttigieg and a fast-growing list of national opinion leaders.

They all make the same argument: We cannot buckle to GOP obstruction forever. Enough.

Standing in the way of the filibuster's final death are two Democratic senators from more conservative states, West Virginia's Joe Manchin and Arizona's Kyrsten Sinema. They have vowed not to vote for its elimination for the next two years. Yet pressure has a way of moving politicians.

Perhaps Obama said it best in last year's eulogy for John Lewis, who fought for voting rights his entire life and helped to shape HR 1. As Obama talked about the imperative of outlawing gerrymandering and restoring voting protections that have been gutted, he declared:

"If all this takes eliminating the filibuster, another Jim Crow relic, in order to secure the God-given rights of every American, then that's what we should do."

Amen.

Are you listening, senators? Do you want to get big things done? You have the power to make it happen. All you have to do is use it.


Read More

ICE agent

Ice Police Law Enforcement Investigation and Department of Justice Customs Immigration Enforcement

Getty Images

I Believe in Immigration Enforcement. But, What Happened to TK Should Concern Us All.

TK was born in Guatemala in 1962. He arrived in the United States in 1965, at the age of three, as a lawful permanent resident with his immigrant mother and American stepfather. For the next 61 years, he lived what most people would recognize as an American life.

TK grew up in American schools, graduated from a Texas high school and attended college. As a child, his classmates struggled to pronounce his given name, Enrique. They began calling him “Keke,” a nickname that eventually became “TK”—the name he has been known by ever since. He married, raised three daughters, divorced, and eventually remarried, all in the US. Today, he is a grandfather and a successful businessman whose life has been rooted in this country since the age of three.

Keep ReadingShow less
Flock camera

A Flock camera monitors passing traffic in Miami, Florida.

(Photo by Joe Raedle/Getty Images)

Flock Cameras and ALPR technology: We shouldn't trade privacy for the false promise of public safety

As corporations, politicians, and tech bros usher in the era of artificial intelligence (AI), our community members continue to fight back against AI's incorporation into daily life. Particularly when it comes to opposing Automated License Plate Readers (ALPRs).

ALPRs are becoming so sophisticated, with more AI components, that they cannot only surveil us using our license plates and the make and model of our car, but also increasingly distinguish how we dress and look, using AI to profile us into a large-scale database for future reference.

Keep ReadingShow less
A woman protesting holds a sign that readds, "Our Raise! Labor Safety Costs, surrounded by other people.

Uber drivers participate in a rally outside of the Uber Headquarters on January 05, 2023 in New York City. Uber drivers in NYC participated in a 24-hour strike outside of the company's NYC headquarters

Michael M. Santiago/Getty Images

21st-Century Gig Workers Need Portable Benefits

In recent years, the US labor force has been undergoing a fundamental transformation. In today’s "Uber economy," gig workers, freelancers, contractors, temps, permatemps, remote workers after COVID, and so-called “independent workers” have been championed by Silicon Valley and Wall Street as the “new way to work”—the wave of the future, especially with AI changing the nature of work itself.

Many US consumers have driven in an Uber taxi, but don’t realize that most drivers earn below minimum wage after accounting for vehicle expenses, gas, maintenance, and unpaid time waiting for passengers. Those drivers are so-called “independent contractors,” so the billion-dollar Uber is not responsible for providing healthcare, Social Security contributions, workers' compensation, or unemployment compensation, not to mention sick leave or vacation pay.

Keep ReadingShow less
 Little kids playing with colorful wooden building blocks on the table

Colorado, Maui County, and Washington State are connecting early childhood services and putting families at the center. Here’s what worked and why.

Lourdes Balduque/Getty Images

Community Partnerships Build Systems for Early Childhood Success

In Colorado’s San Luis Valley, a family looking for developmental support for their toddler may drive over an hour to reach a specialist, if one is even taking new patients. In too many communities across the country, like the San Luis Valley, the problem isn’t that services don’t exist. It’s that pediatricians, childcare providers, and mental health professionals are all working toward the same goal, but may not be working together.

When families have to navigate a maze of disconnected programs and providers, children start to miss opportunities for timely developmental support. Not because communities don’t care, but because the systems around them were never built to function as one.

Keep ReadingShow less