I should note here at the outset that I'm less than thrilled to find myself writing this post for a couple of reasons: (1) As I've said before, I'm genuinely tired of hearing some of my fellow Democrats (a tiny minority, of course) use terms like "fascist" and "Nazi" carelessly, and an opportunity to call down a party eminence on the issue wouldn't be entirely unwelcome at this point; and (2) I've never been a particular fan of West Virginia Senator Robert Byrd, so defending him here on the blog doesn't necessarily strike me as the highest, best use of my limited call on your time. Still, in the interests of fairness, I have to tell you that when you examine the senator's supposedly outrageous comments with regard to Republican efforts to limit the use of the filibuster in their entirety, it's just about impossible to make the case that they were unacceptable, or even inappropriate, in any way. Here's an extended excerpt:
Free and open debate on the Senate floor ensures citizens a say in their government. The American people are heard, through their Senator, before their money is spent, before their civil liberties are curtailed, or before a judicial nominee is confirmed for a lifetime appointment. We are the guardians, the stewards, the protectors of our people. Our voices are their voices.
If we restrain debate on judges today, what will be next: the rights of the elderly to receive social security; the rights of the handicapped to be treated fairly; the rights of the poor to obtain a decent education? Will all debate soon fall before majority rule?
Will the majority someday trample on the rights of lumber companies to harvest timber, or the rights of mining companies to mine silver, coal, or iron ore? What about the rights of energy companies to drill for new sources of oil and gas? How will the insurance, banking, and securities industries fare when a majority can move against their interests and prevail by a simple majority vote? What about farmers who can be forced to lose their subsidies, or Western Senators who will no longer be able to stop a majority determined to wrest control of ranchers’ precious water or grazing rights? With no right of debate, what will forestall plain muscle and mob rule?
Many times in our history we have taken up arms to protect a minority against the tyrannical majority in other lands. We, unlike Nazi Germany or Mussolini’s Italy, have never stopped being a nation of laws, not of men.
But witness how men with motives and a majority can manipulate law to cruel and unjust ends. Historian Alan Bullock writes that Hitler’s dictatorship rested on the constitutional foundation of a single law, the Enabling Law. Hitler needed a two-thirds vote to pass that law, and he cajoled his opposition in the Reichstag to support it. Bullock writes that “Hitler was prepared to promise anything to get his bill through, with the appearances of legality preserved intact.” And he succeeded.
Hitler’s originality lay in his realization that effective revolutions, in modern conditions, are carried out with, and not against, the power of the State: the correct order of events was first to secure access to that power and then begin his revolution. Hitler never abandoned the cloak of legality; he recognized the enormous psychological value of having the law on his side. Instead, he turned the law inside out and made illegality legal.
And that is what the nuclear option seeks to do to Rule XXII of the Standing Rules of the Senate.
It seeks to alter the rules by sidestepping the rules, thus making the impermissible the rule. Employing the “nuclear option”, engaging a pernicious, procedural maneuver to serve immediate partisan goals, risks violating our nation’s core democratic values and poisoning the Senate's deliberative process.
That ain't hate speech, folks, or anything like it. In fact, it's nothing more or less than a standard-issue Robert Byrd floor speech, the very kind he's been delivering to a heavy-lidded chamber for almost half a century now -- separation of powers, senatorial privilege, Horatio at the Reichstag, etc. So, a word to our Republican friends: Lighten up already, huh? The "politics of victimization" is supposed to be the Democrats' stock in trade. Moreover -- and here's a nontrivial point, so I think I'll close with it -- you good people really do need to get your own rhetorical house in order before you even think about criticizing anybody else's.