President Donald Trump again called on Republican senators to end the filibuster this month, a pitch he has made many times before. Thankfully, Senate Republican leadership responded with a strong “no,” as this month’s election results, contrary to Trump, demonstrate why the filibuster is necessary to protect federalism while also allowing voters to be held accountable for their choices.
“For three years, nothing will be passed, and Republicans will be blamed,” Trump wrote on social media after the drubbing Republicans took in the off-year elections on Nov. 4. “Elections, including the Midterms, will be rightfully brutal. If we do terminate the filibuster, we will get everything approved, like no Congress in history.”
Trump then went on to identify an agenda he believes would keep Republicans in power. It includes “fair, free, and safe elections,” no men in women’s sports, strong borders, more tax cuts, and Second Amendment protections.
“We will build the party that cannot be beaten,” Trump wrote, “The Smart Party!!!”
While the government shutdown of nearly 40 days has been understandably frustrating, and no doubt helped Democrats in the Nov. 4 elections, the transformative agenda Trump outlined not only doesn’t exist, but it has either already been accomplished (border security), could be accomplished through reconciliation (tax cuts), or doesn’t have the votes to pass among the existing Senate Republican caucus (Second Amendment protections).
More importantly, even if Republicans had legislation lined up ready to pass for all of these matters, and had the unanimous support to pass them with just Republican votes, no party has ever or will ever have a permanent ruling majority in Washington. At some point, whether it’s three, seven, or 11 years from now, Democrats will be in power, and with the filibuster out of the way, they will be empowered to inflict maximum damage on every community in the country without any check on their power.
Opponents of the filibuster argue that the rule only protects voters from the consequences of their decisions and that it should be eliminated so that each party is free to enact its agenda unfettered by opposition, allowing voters to judge the results. But the Senate was created to prevent exactly such wild swings in public policy in a nation divided, as ours is today.
The United States is not a majoritarian democracy, and it was never meant to be one. It’s a constitutional democratic republic in which the federal government has limited powers so states can preserve their unique political identities. Without the filibuster as a check, states would see what little diversity they still have trampled by an overbearing federal government.
If the California Democratic Party wants to take fossil fuel companies out of existence, they are free to do so. Middle-class families who can’t afford high energy prices can move to Texas. If Illinois Democrats want to bankrupt the state with exorbitant government union pensions, then those tired of the high taxes and bad services can move to Tennessee. If New York’s new socialist mayor empties the prisons and decriminalizes sex trafficking, then New Yorkers who don’t want to get mugged can move to Florida.
But if Democrats control all of Washington without the filibuster as a check on their power, they will be able to force all of their worst ideas on every community in the state, no matter how conservative the local government is.
A GOOD DAY FOR THE SEPARATION OF POWERS IN THE SUPREME COURT
The filibuster is not mentioned in the Constitution; that is true. But the Constitution states that the Senate should be an institution that requires wide agreement for lasting national policy change. The Constitution is also explicitly clear that the Senate is allowed to set its own rules, and the Senate has always allowed unlimited debate since its founding. It would be a mistake to change that now, especially just to end a government shutdown.
The filibuster frustrates partisans, but it preserves federalism. It forces consensus, protects the states, and prevents fleeting majorities from remaking the nation overnight. Republicans should remember that today’s advantage is tomorrow’s regret. The Senate’s deliberative design is not a flaw; it’s the guardrail that keeps our republic from careening off course.
