Mechanism of democracy. The correlation of the filibuster and disaster.

Transcription

1 Mechanism of democracy The correlation of the filibuster and disaster.

2 Let the Welfare of the People be the Ultimate Law Marcus Tullius Cicero on January 18th 37 BC Stood Alone among the Fearful Senators to a the new consul for life Julius Caeser. Quo Usque Tandem Abutre? Nai Tearo Que Paludise tendium etureo et naturilm. Who knows the law?... I know that, no law can be True without reason and argument. This is the first recorded instance of a what would later be known as a filibuster.

3 An Act by Another Name A filibuster is an act, performed with the sole purpose of delay or killing a parliamentary action by a single or group of parliamentary actors. In the Decline and Fall of the Roman Empire Gibbon attribute Cicero s death due to his blocking of a favored law when Antony was pro consul of Rome. Cicero's Death sparked Civil war and disaster.

4 The Rule " to move the previous question " ending the debate of an article and suspending the rules without a vote. Aaron Burr (1789) was the first to issue this call stating that a redundancy should be held if and only if it was " a mechanism for the termination of debate was determinate in its attitude and affirmed in its consequence " The movement to the previous question was never invoked. However, the idea took root and legal Scholars started to craft hypothesis around the adoption of a rule to suspend movement of a bill.

5 Precedent and Origination The "US Senate Filibuster" has evolved from this humble beginning. The filibuster is now referred to as US Senate Code of Conduct Title 37. In 1976, under the last major revision of the US Senatorial Code of Conduct the Filibuster was codified as " the Soul of the Senate " "The Rule" before 1976 was amorphous and many definitions of the filibuster existed. With the 1976 rules, the filibuster became a procedure that required a supermajority of 60% of the sitting senators to "move beyond the question".

6 Disaster of the Frist Order Disaster framed the first debate where a senator "stood, on the floor, and refrained to move beyond the question" Henry Clay, a champion for the Second Bank of the United States, faced off against a "senatorial opposition" led by a southern coalition and supported by Andrew Jackson. This coalition was committed to stopping the renewal of the second bank of the United States Charter. The Coalition, superseded Sen. Henry Clays motion to allow the Charter to the floor. This was the first time the filibuster stopped the floor vote. The Impact was the removal of the Federal gold from the bank and a large Scale Economic Collapse that many scholars stated was the first American depression.

7 Emergency and Extraordinary Power The filibuster has on several occasions supported the formation of a strong executive. At the Start of the Civil War, the Congress presented a bill that would limit the role of the President in War time. Citing that congress had the Whole Authority in regard to forming a military power.

8 The General War Act of 1861 However, through parliamentary proceedings the "General War Alignment Act" was stalled buy a filibuster. This gave Lincoln the time to request, "Immediate and Emergency Powers". Congress, deadlocked buy filibuster in the senate and southern democrats in the house forced the Supreme Court to "advance with undue hast" the powers needed to fight the civil war.

9 Suspension of Habeous Corpus With the attack on Fort Sumter, the south triggers the Civil War. Lincoln with out the power to raise a army (due to the filibuster of the Military Powers Act) formed a court of legalists who could proposes a course of action that would circumvent the authority and purpose of congress Lincoln Suspended "Habeas Corpus" bypassing congress for only the second time in the US's history. The impact of the suspension of law set the president has the right to hold in stasis the rights and privileges of the American people in the defense of the republic against acts of aberrance and sedition. This precedent is the legal core of many modern terrorism laws such as the Patriot Act.

10 The Executive and the Filibuster Presidents from both parties have supports the retention of the Filibuster and sot to abolish it. Generally Speaking the filibuster is a antiexecutive tool. Most filibusters are used to suppresses executive appointments such as the Secretary of War/Defense. Many presidents have used recess appointments to circumvent a filibuster of key cabinet positions when the Senate exercise its legislative authority.

11 The Burning City that Shook In 1906, a massive earthquake struck the city of San Francisco. This event was followed buy a conflagration that consumed the city. The State was unable to respond to this disaster as it destroyed 98% of all the communication and security infrastructure.

12 Roosevelt and the Filibuster Theodore Roosevelt, was the first president to skillfully introduce bills to congress with the intent have triggering a filibuster. Roosevelt's, strategy of focusing filibusters on critical issues, made congress look ineffectual. A do nothing congress combined with the Roosevelt's Barn Storming and Bully Pulpit expanded the power the executive and in essence crafting the modern popular presidency.

13 Congress and Natural Disasters President Roosevelt, ordered federal troops (Buffalo Solders) to restore order and maintain the poster of reediness. At this time the president did not have the authority to respond to a natural disasters. Congress saw this as an affront to its political authority as congress is the only branch which can form an army

14 The Capital of the West The president presented the A bill in the response to acts of god and nature. This bill passed the republican controlled house and was filibustered in the Senate. It was argued that this bill would be a vast expansion of executive power. Ultimately the Senate killed the bill. However, Roosevelt used the dead bill as a tool to rally the American people. While congress dallied, hunger, disease and dysentery ran ramped through out the disaster camps. This vast refugee camp became known as the capital of the West.

15 The Hallow City After 109 days, Congress passed natural disaster act.. allowing states to request disaster aid from the president and congress.

16 The End of the Filibuster? With the end of Theodore Roosevelt's term and the election of William Howard Taft. The filibuster was suspended as a rule. The filibuster was seen as the obstructionists rule. It was so unpopular that William Randolph Hearst ran a column calling for the end of Filibuster. The media tumult, led to the open discussion among Senators to amending the rules of the Senate to abolish the filibuster. For the next nine years the filibuster was unused

17 The End of Peace , World War I, raged across the globe. In the spring of 1918, the Victorious Allies sot to forge a peace by following Woodrow Wilsons 14 Points. Woodrow Wilson proposed a visionary inter-national Parliament that would resolve global conflict with out war.

18 End of a President The League of Nations was passed by seventeen nations. With the exception of the United States. The US Senate, sat in deliberation for 42 hours, as the filibuster was used once more to limit the power of the President. In a protracted legislative fight, Woodrow Wilsons white house fought for the passage of the League of Nations. On the third night of the filibuster, President Wilson had a massive stroke. The filibuster succeeded and the league of nations was defeated.

19 The World Without the United States Without the United States in the League of Nations, French and British delegations to place unreasonable war reparations on Germany. Without the United States to serve as a World Police force, Germany and Japan are allowed to build up large military forces. This picture is from the last known League of Nations meeting attended by Hitler on the eve of World War II.

20 Indelible Impact The Filibuster is a tool against executive authority and a limit on imperial power. The Unites States has found the filibuster to be both a blessing and a cures. The US Senate is often considered the most powerful legislative body in the world because of the filibuster. Since its conception the US filibuster has shaped and created disasters. The question remains how many disasters has it prevented by stopping a zealous executive?

21 Time s Up! About you: Name: Brandon Frederick De Bruhl Department: Economics/Public Policy Contact Information: debruhlb@uw.edu Quick bio: I am a non-matriculated student who is studying advanced economics and business theory at the Foster School of Business. I am preparing for a Ph.D in Economcis and Decision Science. I have worked as a Legislative intern in the United States Senate. I am a student of history, my main areas of interest are the United States Senate and Military History.