The one Republican elected official who has a serious and workable plan to end the government shutdown is, surprisingly enough, Donald Trump. The president’s idea is for the Senate to change its rules to allow the chamber to keep the government open with a majority vote, rather than to permit 41 senators to shut it down.
To be sure, Trump has not always framed his argument in the most cogent way. In a recent post on X, he wrote, “TERMINATE THE FILIBUSTER, NOT JUST FOR THE SHUTDOWN, BUT FOR EVERYTHING ELSE.” By way of explanation, he added, “THE DEMS ARE CRAZED LUNATICS, THEY WILL NOT OPEN UP OUR COUNTRY NO MATTER HOW MANY PEOPLE ARE IRREPARABLY HARMED!”
Generally speaking, depicting your opponents as “crazed lunatics” and yourself as the voice of reason is easier when you are not using all caps and exclamation points. Still, in this case, Trump’s position is correct. The filibuster is a deformed anachronism. Its demise would benefit the whole country, and Democrats especially, given the bills and Senate procedures that this tactic tends to block. If Trump’s impulsive, short-horizon leadership style is what finally does the filibuster in, then Democrats should help make it so.
The Senate filibuster, which allows lawmakers to halt action on most bills unless 60 of the 100 senators in the chamber vote to move forward, is not in the Constitution. The Founders considered, and rejected, a supermajority requirement for either chamber, imposing one only for treaties and constitutional amendments. The practice evolved out of an arcane accident of parliamentary rules in the 19th century and has changed form many times, becoming a requirement for 60 percent of the chamber starting in 1975.
The filibuster used to be employed as a rare tool of strong dissent, such as by southerners to block civil-rights legislation. Most laws otherwise passed with a simple majority until the late 1990s, when the norm against minority parties using the filibuster gave way. As filibusters grew more frequent, lawmakers created more carve-outs to escape them. The Senate now needs only 51 votes to appoint judges (including to the Supreme Court), confirm appointees to the executive branch, and pass annual budget-reconciliation measures, which include changes to taxes and spending. Other bills, including those that fund the government, still need 60 votes to pass the Senate. The perverse upshot of these Swiss-cheese exceptions is that senators can far more easily confirm a lifetime appointment to the high court or pass Trump’s One Big Beautiful Bill than they can keep the lights on in the federal government.
The filibuster has a devoted following among senators, who often describe the chamber as the “world’s greatest deliberative body” and treasure its clubby customs and culture. Some senators credit the filibuster with encouraging compromise and bipartisanship, as the parliamentary tool forces lawmakers to draw votes from across the aisle to pass major legislation. Yet most states and democratic countries have banned the procedure, arguing that it tends to make legislative bodies more dysfunctional, not less.
Part of the problem is that, contrary to its pop-cultural image as a forum for debate, à la Mr. Smith Goes to Washington, the filibuster does not consist of speeches. Instead, it’s become a tool to preempt a discussion about a bill, which means that it is actually more likely to prevent floor debate than to enable it. The filibuster also lacks a strong record of encouraging bipartisanship: The past few decades have seen greater use of the filibuster and diminishing levels of bipartisan cooperation.
Support for the filibuster used to be thoroughly bipartisan. In recent years, Democrats have mostly abandoned it, even as it retains its Republican backing. The reason for this is simple: Republicans have fewer ambitions for government, and most of the things they want the Senate to do—confirm judges and appointees; cut taxes and spending—can already be done with 51 votes.
Of course, the filibuster is not completely useless for Democrats in the minority. They are using it right now to shut down the government in order to force Republicans to extend health-insurance subsidies. But over the long run, the filibuster does more to impair Democrats, the party of expansive government, than Republicans.
The reason Trump has turned so vociferously against the filibuster is that he doesn’t care about the long run. Right now, with his party in control of the Senate but lacking 60 votes, the filibuster does nothing to help him. This is why he thinks it’s a good idea to get rid of it, regardless of which party—which governing philosophy—that ultimately serves.
And so the conditions exist for a rare convergence of interest between Trump and Senate Democrats, who could, at least in theory, join with a handful of Trump loyalists—“If Democrats don’t stop playing games, it’s time to blow up the filibuster,” Senator Tommy Tuberville, a Republican from Alabama, wrote last week on X—to allow regular legislation to pass on a majority basis.
Republicans are never going to support eliminating the filibuster when Democrats control the Senate. The only chance to get bipartisan support for a rule change is when a president who holds the party in his cultlike sway has decided to eliminate it. Democrats should take the opportunity to make the Senate simultaneously more democratic and more faithful to the Founders’ vision.
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Shhhh don’t tell him
The one Republican elected official who has a serious and workable plan to end the government shutdown is, surprisingly enough, Donald Trump. The president’s idea is for the Senate to change its rules to allow the chamber to keep the government open with a majority vote, rather than to permit 41 senators to shut it down.
To be sure, Trump has not always framed his argument in the most cogent way. In a recent post on X, he wrote, “TERMINATE THE FILIBUSTER, NOT JUST FOR THE SHUTDOWN, BUT FOR EVERYTHING ELSE.” By way of explanation, he added, “THE DEMS ARE CRAZED LUNATICS, THEY WILL NOT OPEN UP OUR COUNTRY NO MATTER HOW MANY PEOPLE ARE IRREPARABLY HARMED!”
Generally speaking, depicting your opponents as “crazed lunatics” and yourself as the voice of reason is easier when you are not using all caps and exclamation points. Still, in this case, Trump’s position is correct. The filibuster is a deformed anachronism. Its demise would benefit the whole country, and Democrats especially, given the bills and Senate procedures that this tactic tends to block. If Trump’s impulsive, short-horizon leadership style is what finally does the filibuster in, then Democrats should help make it so.
The Senate filibuster, which allows lawmakers to halt action on most bills unless 60 of the 100 senators in the chamber vote to move forward, is not in the Constitution. The Founders considered, and rejected, a supermajority requirement for either chamber, imposing one only for treaties and constitutional amendments. The practice evolved out of an arcane accident of parliamentary rules in the 19th century and has changed form many times, becoming a requirement for 60 percent of the chamber starting in 1975.
The filibuster used to be employed as a rare tool of strong dissent, such as by southerners to block civil-rights legislation. Most laws otherwise passed with a simple majority until the late 1990s, when the norm against minority parties using the filibuster gave way. As filibusters grew more frequent, lawmakers created more carve-outs to escape them. The Senate now needs only 51 votes to appoint judges (including to the Supreme Court), confirm appointees to the executive branch, and pass annual budget-reconciliation measures, which include changes to taxes and spending. Other bills, including those that fund the government, still need 60 votes to pass the Senate. The perverse upshot of these Swiss-cheese exceptions is that senators can far more easily confirm a lifetime appointment to the high court or pass Trump’s One Big Beautiful Bill than they can keep the lights on in the federal government.
The filibuster has a devoted following among senators, who often describe the chamber as the “world’s greatest deliberative body” and treasure its clubby customs and culture. Some senators credit the filibuster with encouraging compromise and bipartisanship, as the parliamentary tool forces lawmakers to draw votes from across the aisle to pass major legislation. Yet most states and democratic countries have banned the procedure, arguing that it tends to make legislative bodies more dysfunctional, not less.
Part of the problem is that, contrary to its pop-cultural image as a forum for debate, à la Mr. Smith Goes to Washington, the filibuster does not consist of speeches. Instead, it’s become a tool to preempt a discussion about a bill, which means that it is actually more likely to prevent floor debate than to enable it. The filibuster also lacks a strong record of encouraging bipartisanship: The past few decades have seen greater use of the filibuster and diminishing levels of bipartisan cooperation.
Support for the filibuster used to be thoroughly bipartisan. In recent years, Democrats have mostly abandoned it, even as it retains its Republican backing. The reason for this is simple: Republicans have fewer ambitions for government, and most of the things they want the Senate to do—confirm judges and appointees; cut taxes and spending—can already be done with 51 votes.
Of course, the filibuster is not completely useless for Democrats in the minority. They are using it right now to shut down the government in order to force Republicans to extend health-insurance subsidies. But over the long run, the filibuster does more to impair Democrats, the party of expansive government, than Republicans.
The reason Trump has turned so vociferously against the filibuster is that he doesn’t care about the long run. Right now, with his party in control of the Senate but lacking 60 votes, the filibuster does nothing to help him. This is why he thinks it’s a good idea to get rid of it, regardless of which party—which governing philosophy—that ultimately serves.
And so the conditions exist for a rare convergence of interest between Trump and Senate Democrats, who could, at least in theory, join with a handful of Trump loyalists—“If Democrats don’t stop playing games, it’s time to blow up the filibuster,” Senator Tommy Tuberville, a Republican from Alabama, wrote last week on X—to allow regular legislation to pass on a majority basis.
Republicans are never going to support eliminating the filibuster when Democrats control the Senate. The only chance to get bipartisan support for a rule change is when a president who holds the party in his cultlike sway has decided to eliminate it. Democrats should take the opportunity to make the Senate simultaneously more democratic and more faithful to the Founders’ vision.