Bench Memos

Matthew Franck sees it the way I do.

Bench Memos on National Review Online: "There is another blow here, and it wounds more deeply. All the talk about preserving the traditions of the Senate in this agreement has it exactly backwards. The Democrats already broke with those traditions, and this deal endorses the new order of the ages, albeit under 'extraordinary circumstances' that remain to be defined. In the long history of the filibuster since John C. Calhoun, while its practical use and intent has often been simply to obstruct, the only defense any senator has ever made of it in public is not that it is a weapon of mass obstruction, but that it is a delaying tactic, a defense against hasty majorities, an invitation to full and leisurely debate on the floor before decisions are made. Even in recent weeks this has been the refrain of the Democrats.

McCain's Sanctimonious Seven (sorry, I left out Chafee in an earlier reference to the Six) have been snookered by that old vulture Robert Byrd into a new understanding of the filibuster — that it may be legitimately used, and legitimately defended, as a form of absolute obstructionism by a party that has the votes to prevent cloture. Not the principle of measured deliberation, but the principle of minority rule — an essentially anti-republican principle — has been enshrined in this agreement. Once again in his long career, it is Byrd who has changed the rules, and without seeming to have done so."