George Packer’s New Yorker article, The Empty Chamber, is getting a lot of attention in the media for its scathing look at arcane rules in the U.S. Senate that make it incredibly difficult to get even routine actions taken if the minority party decides to be obstructionist.
Sen. Carl Levin is quoted in the article, seething about the GOP blocking a committee hearing and inconveniencing military leaders who had flown in for those hearings.
“This is just one of those days when you want to throw up your hands and say, ‘What in the world are we doing?’ ” Senator Claire McCaskill, the Missouri Democrat, said.
“It’s unconscionable,” Carl Levin, the senior Democratic senator from Michigan, said. “The obstructionism has become mindless.”
The Senators were in the Capitol, sunk into armchairs before the marble fireplace in the press lounge, which is directly behind the Senate chamber. It was four-thirty on a Wednesday afternoon. McCaskill, in a matching maroon jacket and top, looked exasperated; Levin glowered over his spectacles.
“Also, it’s a dumb rule in itself,” McCaskill said. “It’s time we started looking at some of these rules.”
She was referring to Senate Rule XXVI, Paragraph 5, which requires unanimous consent for committees and subcommittees to hold hearings after two in the afternoon while the Senate is in session. Both Levin and McCaskill had scheduled hearings that day for two-thirty. Typically, it wouldn’t be difficult to get colleagues to waive the rule; a general and an admiral had flown halfway around the world to appear before Levin’s Armed Services Committee, and McCaskill’s Subcommittee on Contracting Oversight of the Homeland Security Committee was investigating the training of Afghan police. But this was March 24th, the day after President Barack Obama signed the health-care-reform bill, in a victory ceremony at the White House; it was also the day that the Senate was to vote on a reconciliation bill for health-care reform, approved by the House three nights earlier, which would retroactively remove the new law’s most embarrassing sweetheart deals and complete the yearlong process of passing universal health care. Republicans, who had fought the bill as a bloc, were in no mood to make things easy.
So, four hours earlier, when Levin went to the Senate floor and asked for consent to hold his hearing, Senator Richard Burr, Republican of North Carolina, and a member of Levin’s committee, had refused. “I have no personal objection to continuing,” Burr said. But, he added, “there is objection on our side of the aisle. Therefore, I would have to object.”
World’s greatest deliberative body? Doesn’t look like it.