Changing the Rules: Committees are the way to Consolidate Power

Senators are already vying for power positions in the 2005 congressional session, which will be the 109th in U.S. history.

Although all Senators have an equal vote to pass or block a bill, the creation and handling of bills is usually directed by senatorial committees, the leaders of which are the most powerful men and women in the Senate.

New Judiciary Committee Chair

One of the most influential of these committees, the Judiciary Committee, will experience a change in leadership next year, since the current committee chair, Orrin Hatch (R-Utah), is completing the six-year term limit for the position.

The leadership of the Judiciary Committee is being closely monitored by abortion rights activists and abortion opponents alike, since any judicial nominee must first pass through the Judiciary Committee.

It is highly likely that one or more Supreme Court judgeships will be up for grabs in 2005, since Chief Justice William H. Rehnquist has been suffering serious illness, and other Justices, including Sandra Day O’Conner, are looking to retire.

Depending upon whom President Bush nominates and the Senate approves, a new Supreme Court could affect a woman’s right to choose an abortion.

Therefore, abortion opponents want a Judiciary Committee Chair who will approve and promote President Bush’s anti-abortion nominees so that they will have a better chance at outlawing abortion.

The growing power of anti-abortion groups

When the likely choice for the new Judiciary Committee Chair, Senior Senator Arlen Specter (R- PA), publicly stated that President Bush would have a hard time confirming an anti-abortion Supreme Court justice, anti-abortion groups went wild. They questioned Specter’s commitment to President Bush’s vision for a "culture of life," although Senator Specter, often campaigning in the past as agreeing to reproductive rights for women, has approved every single one of President George W. Bush’s judicial nominees and has taken a pro-life stance time and again on the Senate floor.

But only after Specter tirelessly clarified his remarks in at least a dozen interviews and a press conference did Judiciary Committee members endorse him as the next committee chair. And some anti-abortion groups, like Focus on the Family, still disapprove.

This episode illustrates the growing influence of anti-abortion groups. Their complaints about Specter stopped the progress of his promotion until he restated his commitment to the anti-abortion movement. And as these groups attacked Specter, his fellow Republican Senators seemed afraid to back him for fear of retaliation.

However, anti-abortion groups are likely pleased by Specter’s intention to consider changing Senate rules in order to prevent partisan filibusters from blocking Bush’s nominations.

Changing the rules

The most potent way for the minority to block a judicial nomination is through a filibuster, which forces the majority to come up with 60 votes in order to confirm the nomination.

Even though Republicans gained Senate seats in the November 2nd election, they will have 55 seats total, not enough to automatically override a filibuster. Democrats, with 44 seats and an Independent who tends to vote with them, will still have the power to override a judicial nomination. The Republican response to this is to consider changing Senate rules on judicial nominations and outlaw filibusters within the confirmation process.

Republicans accuse Democrats of abusing the rules of the Senate in the name of partisan politics. But Democrats’ use of the filibuster is due to specific conditions. Since Republicans rule both the executive and legislative branches, and because the parties are clearly divided on issues that judicial appointees can greatly influence, filibusters are likely.

When the minority has little power to protect its constituents, it is inevitable that it will use its constitutional power -- the filibuster -- to prevent the tyranny of the majority. And naturally, the majority believes that it is the minority that is tyrannical.

But will Republicans actually change the rules to stop filibusters? Although outlawing filibusters would give Republicans more power, it would likely appear as an assault on bipartisanship and therefore draw sharp criticism.

Changing the rules #2

Senate Republicans are considering changing the rules in another matter as well.

Currently, committee chair positions are determined by seniority - the party member with the greatest number of years on the committee gets the job. But Republicans are considering changing this tradition and giving Majority Leader Bill Frist (R- Tennessee) the right to appoint at least half of all of the vacant chairmanships (or chairpersonships) on important committees.

Why? Some Republicans, like Trent Lott (R-Miss.), feel that this change would better organize the party, but others like John McCain (R- AZ) worry that it could lead to an abuse of power, since one person would be governing so many important committees.

Further, this system would reward party loyalty, not years served in a committee, so Republicans would be less likely to vote against their party, even if their conscience encouraged them to do so. Critics say that the party-loyalty system would turn committee chairpersonships into bargaining chips that the party could use to sway votes.

Younger Republican Senators are happy about the idea since it would give them a chance to rise to power without waiting for seniority. Senior Senators and more moderate Republicans are more reluctant to change the process.

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Update Posted on: 12/1/2004