Reforms Or Status Quo? The Fight To Take Over Senate GOP Leadership...

However, the focus of this contest should not merely be on the individuals vying for the position, but rather on their proposed strategies for reforming the Senate, an institution that is widely perceived as dysfunctional.

The contest, which pits Minority Whip John Thune (R-S.D.) against Sen. John Cornyn (R-Texas), and potentially an unexpected contender such as Sen. Steve Daines (R-Mont.), is heating up. As reported by The Hill, Thune has declared his intention to contribute $4 million to the National Republican Senatorial Committee in an effort to counterbalance the increasing financial advantage of the Senate Democrats.

While securing a Republican majority is crucial, it is equally important to ensure that the Senate undergoes necessary reforms to restore its deliberative nature. A prospective Republican leader must be prepared to dismiss detrimental proposals that would undermine the Senate's deliberative function. For instance, Vice President Harris's recent suggestion to eliminate the legislative filibuster to reinstate abortion rights should be categorically rejected. Both Cornyn and Thune have pledged to uphold the filibuster, a commitment that should resonate positively with conservatives and backbenchers from both parties who value their opportunity to contribute to the discussion. Maintaining the status quo should be the bare minimum that a candidate for the GOP leadership promises.

However, merely preserving the status quo is insufficient. It would be advantageous for the candidates to commit to reinstating the filibuster's application to nominations. The Senate's current rules do not differentiate between extended debates on nominations and on legislation. Senate Rule XXII stipulates a three-fifths vote to conclude debate "any time a motion signed by sixteen senators, to bring to a close the debate upon any measure, motion, or other matter before the Senate." The standing rules of the Senate make no distinction between debates on legislation and nominations.

October 01, 2024

This rule was altered by an ill-advised precedent. In 2013, Democratic Senate Majority Leader Harry Reid invoked a point of order to abolish filibusters on nominations (excluding the Supreme Court), arguing that they were unconstitutional. This so-called "nuclear option" eroded the filibuster, leading to further calls for its abolition on legislation. In 2017, McConnell extended the new nomination rules to include Supreme Court nominations to confirm Justice Neil Gorsuch.

Another significant reform would be to permit senators to propose amendments without being obstructed by the leadership through a strategy known as "filling the tree." It has become commonplace for the majority leader to block amendments to bills. This tactic, while complex, impacts all legislation passing through Congress.

The majority leader is granted priority recognition when several senators request it, according to a Senate precedent. This recognition is used to propose a series of inconsequential amendments to the underlying legislation, solely to prevent other senators from proposing substantive amendments. When the leader files cloture on the bill, senators are prevented from proposing amendments, and the leader's procedural amendments are dismissed.

The incoming majority leader should pledge not to resort to this tactic.

Lastly, the new leader should commit to moving away from omnibus spending and multi-subject bills. One of the most common grievances among members is the challenge of dealing with enormous, thousand-page bills containing multiple pieces of legislation that often result in drastic changes to the law or excessive spending. These bills are presented without the opportunity to remove provisions that lead to overspending or favor special interests. Ultimately, members are coerced into voting for these bills under the threat of causing government shutdowns or hindering national security initiatives.

A commitment to process appropriations bills separately and promptly to avoid omnibus spending bills should be a straightforward promise. Congress frequently resorts to passing continuing resolutions when regular appropriations are not completed by the end of the fiscal year, and members are then pressured into voting for them for fear of being blamed for a dreaded government shutdown.

The Senate, while currently flawed, could be reformed by a victorious statesman in a manner that restores deliberation, debate, and the opportunity to propose amendments. This would not only ensure the preservation of traditional values and limited government, but also uphold the principles of individual freedom and free-market economics that are central to the conservative perspective.