A Modest Proposal – secret ballots for cloture reform

A Modest Proposal – secret ballots for cloture reform

1/23/2021

 

The Democrats need to pass lots of laws; but McConnell has weaponized the filibuster for obstructionism. For the Democrats, the problem is: how to reform the filibuster? As is, it takes 60 senators to force cloture, that is, end a filibuster. How might Schumer persuade McConnell to cooperate with reducing that number?

 

Now McConnell wants to purge Trump from the Republican party. This can be done by enough of his caucus voting to convict Trump, then voting to forever bar him from public office, by Amendment 14, section 3. (Recent politics have given us all a lesson in constitutional law!) But that would be costly to his caucus; they might get targeted by Trump's diehard base. It would be best if they could cast their impeachment-conviction ballots in secret; likewise the Amendment 14.3 ballot.

 

I therefore propose that Schumer offer McConnell this deal:

 

1. Secret ballots. May Schumer rule that the trial's evidence and testimony be public, but the balloting whether to convict be secret. That will do open justice but also protect the jurors, which is how one tries a crime lord. And may the vote whether to bar him from office also be in secret.

 

Cooperating with this arrangement would serve McConnell's interests. But in return:

 

2. Cloture reform. May the number of Senators needed for cloture of filibuster be lowered from 60 to 50.

 

The likely outcome of this deal is that the conviction will be almost unanimous, likewise the barring. For instance, 93-7 to convict and to bar. That way any ever-Trumper could tell the base that they were one of the loyal 7, even if more than 7 make that claim.