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Harris’ Attack on the Filibuster Is an Attack on the Constitutional Order

Posted on Friday, September 27, 2024
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by Outside Contributor
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Though Democrats are endlessly prattling on about “norms” and “democracy,” it is often unclear what aspects of the constitutional order they actually support.

This week, for example, Vice President Kamala Harris reiterated her support for suspending the legislative filibuster so that Democrats, should they eke out a slim Senate majority, can overturn thousands of state laws and force the entire country to legalize taxpayer-subsidized, late-term abortions on demand.

It is, of course, true that the filibuster isn’t in the Constitution. In many ways, however, it is one of the last remaining tools upholding a semblance of constitutional order. Yet, to most contemporary Democrats, the 60-vote threshold to cut off debate is an antiquated tool that facilitates “minority rule” – by which they mean “federalism.”

Which makes sense. Democrats are keen on empowering narrow, fleeting left-wing majorities cramming through wide-ranging generational “reform” bills without any consensus. They know well that once a massive entitlement or regulatory program is passed, it will be virtually impossible to roll back.

You don’t need to be a constitutional scholar to understand there’s no version of the founding that envisioned this kind of governance.

Imagine, if you can, what the world would look like if former President Donald Trump announced he was going to blow up the filibuster using a one-vote Senate majority and then cram through a national limit on abortion. Republicans would be accused of acting like fascistic ghouls, and the media would have a thermonuclear meltdown. It would be 1939 Germany all over again.

Democrats play Calvinball on an All-Star level.

Worse, Democrats have targeted virtually every institution that makes “democracy” tenable in a truly diverse and sprawling nation that is home to hundreds of millions of people.

Because if forcing red states to adopt maximalist abortion laws is important enough to sink long-standing checks on federal power, you better believe it won’t be the last exception to the rule.

For one thing, Republicans can’t be expected to play by a different set of governing guidelines. For another, the left seems to believe every policy position it takes is fundamental to preserving “democracy.”

The exemptions would be endless.

It’s not just about the naked hypocrisy. It’s about republic-destroying norm-breaking. “Reforming” the filibuster is part of a broader effort to create a powerful, highly centralized state.

The Supreme Court is perhaps the only institution inhibiting state overreach these days, which is why Democrats have been busy delegitimizing and now want to pack the court and transform it into another malleable partisan institution. Harris included.

The other institution somewhat tempering a direct democracy is the Electoral College. Yet, left-wing pundits are already whining about the undemocratic nature of that institution as well. It is always confusing to me when someone writes to complain that the Electoral College doesn’t align with the “popular vote,” as if this wasn’t the entire point of the enterprise. If the two always harmonized, we wouldn’t need it.

The Senate was created as a countermajoritarian institution. Now that leftists believe they have the upper hand, they are increasingly perplexed by the fact that Wyoming and California have the same number of senators.

You know, it’s called the United States for a reason.

When it comes to executive abuse, Trump, who makes tons of grandiose promises that lay far outside the president’s purview, is a mere piker compared to his predecessor and successor. There is a growing movement among progressive politicians and intellectuals, sometimes referred to as “popular constitutionalism,” that would allow Democrats to ignore the courts whenever they choose.

It’s no accident that Harris promised to confiscate guns via an executive order like some kind of dictator. Or that Biden keeps ignoring the high court and unilaterally “forgives” loans. Or that Democratic senators implore their president to declare national emergencies that would empower the White House to run the entire economy through a massive administrative state.

Perhaps Harris’ position on the filibuster is a cynical play for votes. What’s become undeniable, however, is that counter-constitutionalism is being normalized on the left.

Democrats want to get rid of the Electoral College so that a few giant urban areas can run the executive branch.

They want to get rid of the filibuster so they can unilaterally transform the nation.

When they don’t have congressional majorities, they want (their) presidents to rule by fiat.

And many now want to pack the Supreme Court to make sure no one will stop them.

There are numerous ways to describe this brand of governance, but none of them have anything to do with American norms or democracy.

David Harsanyi is a senior editor at The Federalist. Harsanyi is a nationally syndicated columnist and author of five books – the most recent, “Eurotrash: Why America Must Reject the Failed Ideas of a Dying Continent.” His work has appeared in National Review, the Wall Street Journal, Washington Post, Reason, New York Post and numerous other publications. Follow him on Twitter @davidharsanyi.

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Ken Paul
Ken Paul
6 days ago

A related constitutional weakness is the inability of the Supreme Court to enforce its rulings. They rule, the president ignores, and there is no accountability. This needs a fix.

Theresa Coughlin
Theresa Coughlin
6 days ago

Didn’t the democrats learn anything from the last time they tried ending the filibuster (judicial nominees)? Apparently they need a memory refresher so allow me: When Harry Reid was majority leader in a democrat controlled senate, they ended the filibuster in order to cram Obama’s judicial nominees through the lower courts despite being warned not to do this. When Trump became president and had a REPUBLICAN controlled senate, they expanded the filibuster’s end to include Supreme Court nominees and, as a result, Trump was able to get three justices confirmed. My point to the democrats is this: be careful what you wish for on certain things like ending the filibuster and packing the court because eventually you will no longer be in the majority and the republicans will want to do the same. What’s good for the goose is good for the gander. Also, all the other things the democrats want to do (packing the supreme court, ending the electoral college, etc) makes me wonder who the real threat to democracy is.

Dennis
Dennis
6 days ago

If Harris/Walz get elected, ending the filibuster will allow the Democrats and RINO Republicans to grant amnesty to all the 20+ million illegals that are currently in the country, not to mention another 10 million that will get into the country in the next Harris/Walz 4-year term. This is the real endgame for Democrats as granting amnesty is more important politically for power than any federal abortion bill. Don’t think for a moment that some of the RINO Republicans won’t join the Democrats in getting rid of the filibuster. Through polling they know illegal immigrants that are granted amnesty and upon getting citizenship, 80% of them will vote for Democrats. This will allow the Democrats perpetual power for the next 60 years or more. The more voters that are on the public dole the more votes the Democrats will get and they know it. At that point, that will be the end of the Republic as we know it.

Max
Max
6 days ago

Everything being done by the Democrats is to put them in everlasting power over the nation. All freedoms that we now enjoy will go the way of the “Dodo Bird”. The strife will continue to rise as the Demos consolidate their power for their final and ultimate takeover. All know that the DOJ is their enforcement of all current and future policies. Eventually, the military will be possibly used against the citizens they have sworn to protect. Get out and vote for what is right. This might be the last chance before all He!! breaks lose.
Everything is being orchestrated by the Heavenly Father. Until the country truly repents and turns back to Him, chastisement of the nation will continue.

Franklin Werkheiser
Franklin Werkheiser
6 days ago

Everything Obama did in 8 years and the last 4 years of Obama controlling Biden and Harris and the Democrats have done is attack our Constitution.

Robert Zuccaro
Robert Zuccaro
6 days ago

If they enact federal abortion laws over the states, the lawsuit heard by SCOTUS would rule it unconstitutional therefore illegal… but I’m sure she has a holistic approach to that hurdle as well!

Bob L.
Bob L.
6 days ago

Boy howdy, I remember the fifties and sixties when the Dems used the filibuster a lot. Now they don’t like it when it interferes with their agenda.

David Millikan
David Millikan
4 days ago

“To conquer a nation, First disarm its citizens.” Adolf Hitler 1933. And that’s exactly what Communist harris, Dictator Beijing biden, and democrats are doing.

lawrence greenberg
lawrence greenberg
6 days ago

“Harris’ Attack on the Filibuster Is an Attack on the Constitutional Order”
Of course it is. For well more than a century, the Democrats have been shredding our Constitution, one little piece at a time. Their goal, like the good Communists they really are, is to completely destroy our Constitution and the rule of law so they can create a one-party state, a Leftist dictatorship. And they are getting very close to succeeding.

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