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On paper, at least, none of this would necessarily stop us from getting a stimulus bill passed. After all, Democrats enjoyed a seventy-seven-seat majority in the House and a seventeen-seat majority in the Senate. But even in the best of circumstances, trying to get the largest emergency spending bill in history through Congress in record time would be a little like getting a python to swallow a cow. I also had to contend with a bit of institutionalized procedural mischief—the Senate filibuster—which in the end would prove to be the most chronic political headache of my presidency. The filibuster isn’t mentioned anywhere in the Constitution. Instead, it came into being by happenstance: In 1805, Vice President Aaron Burr urged the Senate to eliminate the “motion to proceed”—a standard parliamentary provision that allows a simple majority of any legislature to end debate on a piece of business and call for a vote. (Burr, who seems never to have developed the habit of thinking things through, reportedly considered the rule a waste of time.) It didn’t take long for senators to figure out that without a formal way to end debate, any one of them could bring Senate business to a halt—and thereby extract all sorts of concessions from frustrated colleagues—simply by talking endlessly and refusing to surrender the floor. In 1917, the Senate curbed the practice by adopting “cloture,” allowing a vote of two-thirds of senators present to end a filibuster. For the next fifty years the filibuster was used only sparingly—most notably by southern Democrats attempting to block anti-lynching and fair-employment bills or other legislation that threatened to shake up Jim Crow. Gradually, though, the filibuster became more routinized and easier to maintain, making it a more potent weapon, a means for the minority party to get its way. The mere threat of a filibuster was often enough to derail a piece of legislation. By the 1990s, as battle lines between Republicans and Democrats hardened, whichever party was in the minority could—and would—block any bill not to their liking, so long as they remained unified and had at least the 41 votes needed to keep a filibuster from being overridden.
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