What a surprise! Our liberal friends are now saying that the Senate filibuster -- which basically says that you can't pass anything in the Senate unless you have a supermajority -- is racist. Because Jim Crow.
Only, for President Biden, Jim Crow isn't enough. He's now amping up to "Jim Eagle." 'Cos eagles are bigger and scarier, I suppose.
I know, it is really annoying, when you have won with presidency with the help of half a billion from the Zuck and "The Secret History of the Shadow Campaign That Saved the 2020 Election." Or, as it says in the Time <title> tag: "The Secret Bipartisan Campaign That Saved the 2020 Election."
Really annoying when you only have a 50-50 Senate and lost 13 seats in the House to yield a 222-213 majority. Because you have vital and important legislative measures like imposing federal rules on all elections. And pitching the US into a multi-trillion dollar program to save the planet from climate change.
There oughta be a law!
OK, now let's go to a bit of science. The best science on legislative voting that I know is The Calculus of Consent by James M. Buchanan and Gordon Tullock. They go through a book full of various legislative combinations and dual-chamber and single-chamber legislatures. And what they eventually come up with is that the only just voting system is "unanimous consent." In other words, forget majority voting. Forget supermajority deals like the filibuster. The only just form of voting is for all the legislators to agree.
Why? Because if you have unanimous consent then the proposers of the legislation have to buy off the folks opposing it. (And why are the opposers opposing? Because the legislation is going to cost them money. Duh!) In other words, if you want to pass legislation to force the country in some direction or other you have to make the losers whole. Or at least compensate them enough to vote with you.
If you want to get into my extended analysis follow the link to "Fifty Years of 'The Calculus of Consent'" that I wrote in 2012. There are various disquisitions on "logrolling" and "side payments."
No doubt this is what inspired me to invent my maxim: "There is no such thing as justice, only injustice."
See, there are two dominant views of politics. Our liberal friends think of politics as "doing good" in the world -- at least when they do it. Guys like me think that politics is civil war by other means.
In other words, I believe that politics is the way we avoid civil war by listening to the grievances and the complaints of the folks out of power. Of course, the chaps on the other side are contemptible and not really worth listening to. But, the point is to do enough to stop them from giving up on politics and forming a head of rebellion and starting to run up a butcher's bill.
To understand that, in my view, is the beginning of wisdom. You really don't want civil war.
That is the point of the Moynihan law that you don't want to pass major legislation short of a 70-30 vote in the Senate -- in other words, major legislation needs overwhelming support if it is to endure.
An obvious example of what not to do is Obamacare, that passed by a whisker, and remains contentious to this day.
The filibuster is a similar concept to Moynihan's law. It says that if you want to pass something in Congress you'd better get 60 percent in the Senate. Otherwise, to coin a phrase, you got trouble, right here in River City.
Of course, the filibuster is associated in the minds of all good people sporting Black Lives Matter signs in their yards with the Southern Democrats in the time of Jim Crow. It grew up in the aftermath of the Civil War after the South had been devastated by the "bummers" of Gen. Sherman's army in its March Through Georgia and other Southern states, and after the disputed presidential election of 1876 and its "back room" deal to award the presidency to Republican Rutherford B. Hayes. In 1876 the Democrats had won control of the Senate and Congress.
Yes, you are asking. How come the Democrats had come to win Congress back? Because of the Crash of 1973 and Long Depression consequent upon the US gubmint deflation to get the US back on the Gold Standard. Experts now agree that deflations are not a good idea.
Of course, I always find an excuse not to accept the conventional wisdom. And my take is that probably the filibuster kept the South in the Union for the century in which the South had to deal with the humiliation of losing the Civil War and being stripped of its wealth and its political domination.
In other words, the South was consigned in the century after 1865 to the humiliation of what we would now call "deplorable-dom." But at least they could stop the really bad stuff (for them) in Congress with the filibuster. And, I dare say, the filibuster helped the Republicans to cool the jets of their over-enthusiastic partisans who doubtless thought that the the rubble in the South should be made to bounce for the next thousand years.
Today we have a slightly different problem. We have a ruling class that has ruled for a hundred years and is presently outraged that the "natives are getting restless." How Dare They, to coin a phrase.
So our ruling class is coming up with various dodges to keep their slipping grip on the reins of power. H.R.1 to federalize election rules is one such dodge. Abolishing the filibuster is another.
But I tell my liberal friends that when you are reduced to "dodges" to stay in power then the clock is running on your glorious era of power. Maybe instead of beating up deplorables and canceling heretics it is time to starting thinking about the unthinkable: "where did we go wrong?"
Hey liberals, let me count the ways.
And there is another thing. If you are going to commit the United States to a multi-trillion dollar program to save the planet in a war on climate change you'd better have overwhelming support from the people -- as in supermajorities in the United States Senate. Because in a war two things will happen. First, with your taxation and inflation you will destroy the wealth of ordinary people and put it in the hands of "war profiteers." Second, you will sacrifice the lives of a goodly part of a whole generation of youth on the battlefield. You better have a good reason for that, Senator.
Otherwise, I suspect, the people will show you the exit.