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Congressional Record, Senate, January 18, 2022, Page S239

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A page of the Congressional Record, Senate, dated January 18, 2022, at page S239, carrying remarks by a Senator on Senate rules and voting rights. The Senator argues that Republican legislatures and Governors target groups of voters with barriers to registration and voting, and proposes restoring the filibuster's traditional features by applying four strategies, including amendments, public debate, a vote on closing debate that needs 60 votes, and rule XIX, under which each Senator may speak twice. The Senator says restoring debate would give both sides an incentive to negotiate. The remarks are the Senator's own.

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“Congressional Record, Senate, January 18, 2022, Page S239.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-01-18-crec-2022-01-18-pt1-pgs239-473f3c690e/, SHA-256 5e5a7e41282d036197ce9b1cd3e76f529986777956a14691609a36b61df9d8bb.

Full text

                                               January 18, 2022                                  CONGRESSIONAL RECORD — SENATE                                                                  S239
                                               runoff because 70,000-plus Georgians                      The third is to have a vote on closing                  It is our responsibility to restore de-
                                               registered in that period, and they                     debate, and we have to get 60 votes. It                bate in this Chamber, to restore
                                               think it helped Democrats more than                     is not a ratio of those who show up to                 amendments. The advantages of the
                                               Republicans. So, in a prejudicial way,                  vote. So the irony is, those who want a                restoration are, No. 1, that you have
                                               they said: Let’s make registration                      debate often don’t show up. You can                    amendments; No. 2, that you have pub-
                                               harder.                                                 have a vote 59 to 5, and the 59 lose. You              lic debate; and No. 3, perhaps the most
                                                 Well, it is not acceptable in our coun-               have to get 60 votes.                                  important, you have an incentive for
                                               try to erect barriers for targeted com-                   The fourth is rule XIX, which says                   both sides to negotiate, because under
                                               munities—not for Black Americans,                       every Senator gets to speak twice.                     the no-show, no-effort, invisible fili-
                                               not for Hispanic Americans, not for                     Now, as far as I am aware, there has                   buster that we have had since 1975, the
                                               college students, not for young voters,                 never been a debate in the U.S. Senate                 minority of either side says: You know,
                                               and not for Native American reserva-                    that was finally brought to a close by                 if I can get 41 of our minority Members
                                               tions—not for anyone.                                   everyone using up their two speeches,                  to agree not to close debate, and all
                                                 But why are those groups being tar-                   but it always hovers there, saying                     they have to do is not even show up to
                                               geted in a surgical way by the strate-                  there is an eventual ability to vote on                vote or show up to vote if they like but
                                               gies in State after State after State                   the question.                                          vote no, then the majority can never
                                               with Republican legislatures and Re-                      These are the four traditional strate-               get anything done, and won’t that en-
                                               publican Governors? Because those                       gies. We need to apply those four strat-               hance our political power in the minor-
                                               constituencies tend to vote more often                  egies to a period of debate addressing                 ity party?
                                               for Democrats than Republicans. So                      final passage of the bill. The cloture                    That is an almost irresistible temp-
                                               they are stealing the vote of millions                  motion would still be there. The possi-                tation in the tribal, partisan warfare of
                                               of Americans. They are corrupting the                   bility of a UC would still be there. A                 today. So each minority is tempted
                                               election process for millions of Ameri-                 break in the debate would still be a                   into basically exercising a veto over
                                               cans.                                                   break in the debate, and a UC would be                 the majority party’s policy agenda.
                                                 We stand here today in the Senate                     a UC. All four tools would still be                    That is ‘‘an eye for an eye makes the
                                               with the same issue we were debating                    there, but we would be addressing final                whole world blind,’’ strategy. The
                                               in 1890 and 1891. The House had set na-                 passage.                                               Democrats sabotage the Republican
                                               tional standards so every American                        The problem we have—a little kind of
                                                                                                                                                              majority. The Republicans sabotage
                                               could vote, and the Senate would not                    behind-the-scenes complexity of Senate
                                                                                                                                                              the Democratic majority. But under
                                               give unanimous consent to get to a                      rules—is that in the modern Senate,
                                                                                                                                                              the public filibuster, not only is the
                                               final vote and contributed to eight-plus                there is always a pending amendment.
                                                                                                       So you can’t actually get to final pas-                public involved, but the minority has
                                               decades of discrimination in our coun-                                                                         to maintain continuous debate, which
                                                                                                       sage unless you have a period of debate
                                               try, of corrupted elections in our coun-                                                                       can be hard, so they have an incentive
                                                                                                       dedicated to final passage, and break-
                                               try—until the Voting Rights Act of                                                                             to negotiate. The majority, seeing the
                                                                                                       ing the debate would call the question
                                               1965.                                                                                                          time burned up that they need for
                                                 I see a colleague here preparing to                   on the amendment, not final passage.
                                                                                                         This means that those who want                       other things, other policy bills and
                                               speak, and I haven’t even begun my                                                                             nominations, they have an incentive to
                                                                                                       more debate could hold the floor for
                                               real speech yet. I am going to close to                                                                        negotiate. So you get amendments.
                                                                                                       weeks and weeks on something they
                                               hand the floor to him, my colleague                                                                            You get the public involved. Most im-
                                                                                                       are determined to keep presenting to
                                               from Maryland, but let me summarize                     the American public, but it brings in                  portant, you recreate an incentive to
                                               a couple points before I do so.                         the public. It brings in the public. They              negotiate. That is the reinvigorated fil-
                                                 I believe the Senate is far better off                                                                       ibuster strategy, the talking filibuster.
                                                                                                       can weigh in on whether we are heroes
                                               when the minority has the power to                                                                                Call it the public filibuster or just
                                                                                                       or whether we are bums. They can
                                               slow things down. I think that is value,                weigh in on amendments we say we are                   call it extended debate on final passage
                                               to be able to have leverage to get                      going to bring up the next day. They                   of the bill. Whatever you call it, it is
                                               amendments; to be able to negotiate a                   can help us understand how folks back                  better than the paralysis and partisan-
                                               compromise; to be able to make sure a                   home feel.                                             ship that are destroying the Senate’s
                                               technical bill has been examined by ex-                   There is no public in the no-show, no-               ability to address the questions that
                                               perts and you understand what it real-                  effort, invisible filibuster we have had               face this Nation, and there is no more
                                               ly does; to make sure we have seen all                  since 1975. There is no public, and there              important question than defending the
                                               the provisions; to make sure the public                 are no amendments because amend-                       right of every citizen to vote.
                                               has seen all the provisions; to make                    ments require a supermajority to close                    The PRESIDING OFFICER. The Sen-
                                               sure the press has been able to inves-                  debate. Someone says: Well, I am not                   ator from Maryland.
                                               tigate the provisions. All of that is in-               going to agree to that until my amend-                                   f
                                               credibly positive, and it is why, wheth-                ment gets up. There is no longer a so-
                                               er I have been in the minority or been                                                                                        H.R. 5746
                                                                                                       cial contract: You do your amendment.
                                               in the majority, I have argued we need                  I will do my amendment. We will all do                   Mr. VAN HOLLEN. Mr. President, let
                                               to sustain 60 votes to close debate, and                them. They will be on topic.                           me start by thanking our colleague,
                                               I still hold that position now—60 votes                   It is gone. So the number of amend-                  the Senator from Oregon, Senator
                                               to close debate by a vote.                              ments has dropped tenfold between the                  MERKLEY, for his leadership in working
                                                 There have traditionally been four                    109th Congress and the 116th Congress.                 to restore the functioning of the Sen-
                                               ways that a debate on the floor comes                   The number of amendments dropped                       ate and to protect our democracy. We
                                               to a conclusion.                                        more than tenfold over that time pe-                   need both, and we need them now.
                                                 The first is a break in the debate. At                riod. Instead, the floor managers nego-                  It was just 12 days ago that we
                                               that point, I was struck when I asked                   tiate. The leaders negotiate. They                     marked the 1-year anniversary of the
                                               the experts ‘‘Is the Chair allowed to                   produce a list and then ask everyone to                January 6 attack on this Capitol and
                                               call the question?’’ and I was told that                agree to that list, and someone objects:               on our democracy itself. It was a vio-
                                               not only can they call the question,                    You left out my amendment.                             lent attempt to stop Congress from cer-
                                               they have a responsibility to call the                    So we—a room full of former House                    tifying the Presidential election of Joe
                                               question when there is a break in the                   Members and industry leaders, former                   Biden and to overturn the decision of
                                               debate. So a break in the debate is one.                                                                       the American people. It was inspired




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                                                                                                       Governors, former speakers of their
                                                 The second is by unanimous consent.                   State house or presidents of their State               and instigated by the former President.
                                               Everyone agrees we have been at this                    senate; all of this talent sitting around                While that assault did not succeed in
                                               long enough. Let’s do four more                         here—do nothing day after day after                    stopping us from counting the vote
                                               amendments and then go to final pas-                    day while the invisible, no-show, no-ef-               that day, the Big Lie did not die. In
                                               sage, and there is a unanimous consent                  fort filibuster destroys debate in the                 fact, the Big Lie has metastasized. It
                                               agreement to do that. We still do that                  Senate of the United States of Amer-                   has spread, and its poison is seeping
                                               quite often.                                            ica.                                                   across the country. It is now taking



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                                               S240                                              CONGRESSIONAL RECORD — SENATE                                                  January 18, 2022
                                               the form of Republican-controlled                       somehow represent an unconstitutional                  position and maybe in the process have
                                               State legislatures enacting laws that                   power grab—far from it. The Framers                    the whole country turn to their side of
                                               erect new barriers to the ballot box.                   expressly empowered the Congress to                    the debate and influence the ultimate
                                               Let’s be clear. They are erecting bar-                  protect Federal elections.                             result.
                                               riers specifically designed to make it                    Now, all 50 Members of the Demo-                       So the Senators were given the op-
                                               harder for people of color and younger                  cratic majority, the Democratic cau-                   portunity for a prolonged debate to en-
                                               voters to cast their ballots.                           cus, support these bills to protect our                sure that all opinions were heard and
                                                 As we saw in a Federal Circuit Court                  democracy. I am disappointed that, as                  considered before the final vote. In
                                               case a number of years ago with re-                     of this moment, not one Member of the                  fact, as my colleague from Oregon
                                               spect to North Carolina, the court                      Senate Republican caucus plans to join                 mentioned, each Senator was able to
                                               found that the State legislature had                    us. In fact, we know that there are 16                 deliver two speeches on a particular
                                               targeted African-American voters with                   Republican Senators here today who                     question on a single legislative day.
                                               surgical precision.                                     voted in 2006 to reauthorize the Voting                But after all the views were heard,
                                                 Dr. King observed that voting is ‘‘the                Rights Act. Today, not a single Repub-                 after prolonged debate was ended, the
                                               foundation stone for political action.’’                lican Senator will stand up and support                Senate would move to a majority vote.
                                               He also observed that when the right to                 these bills. That is a very sad and bad                That is how the Senate earned its rep-
                                               vote is impeded, a tragic betrayal of                   sign of this moment in our history.                    resentation as the world’s greatest de-
                                               the highest mandates of our demo-                         I accept that each and every Senator                 liberative body.
                                               cratic tradition are betrayed.                          has the right to cast their vote on bills                Nothing could be further from that
                                                 What we see happening in State leg-                   however they choose. That is the way                   truth today. We have very little debate
                                               islatures are not just efforts to put up                democracy works. But what is hap-                      on the Senate floor today—real debate,
                                               barriers to the ballot box; they are also               pening now is very different. Repub-                   where Senators engage on the big ques-
                                               passing laws to authorize partisan                      lican Senators are using the current                   tions of the day. In fact, the minority
                                               operatives to interfere in the counting                 version of the Senate rules to block a                 of Senators who oppose legislation
                                               of the votes and even to overturn the                   vote on these vital measures to protect                pending before the Senate can block it
                                               results after the count. So laws to                     our democracy; to prevent this body                    without even coming to the Senate
                                               interfere with the casting of the votes                 from having a final vote on the Free-                  floor to debate. They don’t even have
                                               and laws to interfere with the counting                 dom to Vote legislation and the John                   to come here to make their case to
                                               of the votes—that is what is happening                  R. Lewis Voting Rights Advancement                     their fellow Senators and the American
                                               right    now.    Nineteen     legislatures              Act.                                                   people, don’t even have to show up to
                                               around the country have already en-                       So let’s step back and look at how                   debate. We are talking about a Senate
                                               acted these kinds of laws.                              the current version of the Senate rules                rule that was designed to encourage de-
                                                 So, yes, our democracy was under at-                  operates in practice, and I say ‘‘current              bate. Yet we have it operating today
                                               tack right here on January 6 of last                    rules’’ because the Senate rules have                  where nobody has to even show up on
                                               year, but 1 year later, the evidence is                 evolved over time, as our colleague                    this floor to make their position
                                               clear: The Big Lie is alive, and our de-                from Oregon has mentioned. They have                   known.
                                               mocracy is still under attack. It is                    taken many twists and turns over the                     It is not that Senators don’t even
                                               under attack by those seeking to im-                    years. In their current form and prac-                 have to show up to debate; they don’t
                                               plement the Big Lie in State legisla-                   tice, they have departed radically from                even have to show up for the vote to
                                               tures. It is just the venue that has                    their original purpose and design.                     cut off debate. Under our current rules,
                                               changed.                                                  Today, with some exceptions, 41 out                  we could have a vote right here in the
                                                 When we reconvened here after the                     of 100 Senators can block the other 59                 Senate of 59 to nothing in favor of mov-
                                               attacks of January 6, I said on this                    from voting on legislation that is im-                 ing forward on legislation, and the 41
                                               floor that what we witnessed is what                    portant to the American people. Over                   Senators who didn’t even show up
                                               happens when we don’t stand up to-                      the last year, this Senate rule has been               would carry the day. They would block
                                               gether as Democrats and Republicans                     used to block bills that enact common-                 the 59 from expressing the will of the
                                               to confront the Big Lie.                                sense gun safety provisions and provide                American people. How crazy is that?
                                                 Now, over a year later, we have an-                   for equal pay for equal work. Many                     That is what the current Senate rules
                                               other chance to stand up together. To                   other bills have been blocked from                     provide.
                                               meet this moment and to protect our                     even getting a vote under the current                    That is not what the Founders of our
                                               democracy, we need to take action here                  Senate rules.                                          Republic envisioned. In fact, the cur-
                                               and now. That is what the Freedom to                      So let’s unpack this. Let’s under-                   rent version and application of the
                                               Vote Act does. It establishes minimum                   stand what this means.                                 Senate’s rules amount to a total per-
                                               standards to ensure equal access to the                   Right now, under our rules, it is pos-               version of the constitutional frame-
                                               ballot box across the country. It guards                sible for 41 Senators representing 21                  work. These rules pervert the intent of
                                               against partisan election meddling. It                  States and 11 percent of the U.S. popu-                our Framers, and they undermine the
                                               ends gerrymandering nationwide, and                     lation to block the will of 50 Senators                democratic architecture of our Repub-
                                               it ends secret money in elections. It                   representing 84 percent of the U.S. pop-               lic.
                                               contains the John R. Lewis Voting                       ulation. Think about that. Under our                     Our Founders never—never—intended
                                               Rights Advancement Act to restore the                   current rules, Senators representing a                 for a minority of Senators—for 41 Sen-
                                               protections guaranteed in the Voting                    small percentage of the population—11                  ators—to be able to thwart the will of
                                               Rights Act of 1965. That is what it does.               percent—can block the will of the ma-                  the majority and of the people.
                                                 We are well within our rights as Fed-                 jority.                                                  In Federalist 22, Alexander Hamilton
                                               eral lawmakers to write and pass these                    How did this happen? Well, it hap-                   asserted that the fundamental maxim
                                               bills. The relevant portion of article I,               pened because over time—not at the                     of republican government was ‘‘the
                                               section 4, clause 1 of the Constitution—                beginning but over time—Senators de-                   sense of the majority should prevail.’’
                                               I have that here—clearly states:                        cided to empower themselves at the ex-                   Even more clearly right on point was
                                                 The Times, Places and Manner of holding               pense of the American people. It wasn’t                James Madison in Federalist 58, where
                                               Elections for Senators and Representatives,             always this way. As I said, in its ear-                he directly warned against requiring
                                               shall be prescribed in each State by the Leg-           liest days, the Senate was founded on                  more than a majority for a decision in
                                                                                                       two principles. The first was that Sen-                the legislature, saying that ‘‘the funda-




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                                               islature thereof; but the Congress may at
                                               any time by Law make or alter such Regula-              ators would have ample opportunity to                  mental principle of free government
                                               tions.                                                  make their case to their fellow Sen-                   would be reversed. It would be no
                                                 The Constitution specifically empow-                  ators and to the country. If they had                  longer the majority that would rule:
                                               ers us to pass these laws to protect vot-               the minority position on a particular                  the power would be transferred to the
                                               ing. So enough of the specious argu-                    issue, they had a chance to come here                  minority.’’ This is James Madison, a
                                               ment I have heard so many times here                    to the floor of the Senate to persuade                 key architect of our Constitution and
                                               on the Senate floor that these bills                    their colleagues of the merits of their                the framework of this Republic.



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                                               January 18, 2022                                  CONGRESSIONAL RECORD — SENATE                                                                  S241
                                                 Now, we know it is true that the                      tive process and business could be per-                weapon. Tim Lau of the Brennan Cen-
                                               Framers of our Constitution knew the                    manently blocked by a minority of                      ter notes that, while there have been
                                               dangers of overly powerful majorities,                  Senators. There is nothing in here                     more than 2,000 filibusters since 1917,
                                               and they wanted to and did guard                        about needing 60 out of 100 votes to                   about half of them have been in just
                                               against that risk in the Constitution                   pass legislation like the Freedom to                   the past 12 years. Think about that.
                                               itself. That is why the Framers dif-                    Vote Act. There is nothing in our Con-                 There were more filibusters in Presi-
                                               fused power among the people, among                     stitution about a Senate where 41 out                  dent Obama’s second term than in all
                                               the States, and within the Federal                      of 100 Senators can routinely block the                the years between World War I and the
                                               Government—to         protect      minority             will of the majority and subvert the                   end of the Reagan administration com-
                                               viewpoints in the country.                              will of the American people.                           bined. This abuse has led to partisan
                                                 In the Bill of Rights, our Founders                     James Madison expressly warned                       gridlock, not bipartisan cooperation.
                                               clearly said that each American has                     against requiring supermajorities for                    But let’s talk about bipartisanship. I
                                               certain unalienable rights that no gov-                 legislation—yes for treaties, yes for re-              had hoped—we had hoped—that action
                                               ernment action can take away—not by                     moval of a President, not for the nor-                 to preserve our democracy would be a
                                               a vote of this Congress, not by an order                mal course of legislation.                             bipartisan endeavor. But that isn’t
                                               of the President, not by anybody in the                   So where did the current Senate rule                 where we are today, and that is not
                                               executive branch. That is the Bill of                   come from? It is a total invention of                  new. The battle to protect constitu-
                                               Rights. Our Founders also created                       Senators that empowers individual                      tional rights has been waged along
                                               three coequal branches of government                    Senators by disempowering the over-                    party lines in the past. The Fourteenth
                                               constrained by a system of checks and                   whelming majority of the American                      Amendment, which guaranteed citizen-
                                               balances. It is all right here in the Con-              people. That is what it is.                            ship to former slaves and guarantees
                                               stitution.    Within     the     legislative              Think about this in the context of                   equal protection under the law, was
                                               branch, they didn’t create one unitary                  the Freedom to Vote Act. The duly                      passed by Republicans in Congress with
                                               body, like most Parliaments today;                      elected President of the United States,                almost no bipartisan support. We sa-
                                               they created two separate bodies—the                    who won over 80 million votes and in                   lute them for that action. The 15th
                                               Senate and the House of Representa-                     the electoral college, is in favor of it. A
                                               tives—and a totally independent execu-                                                                         Amendment guarantees the right to
                                                                                                       majority of the House of Representa-                   vote to all citizens of the United
                                               tive branch, with the President di-                     tives representing the majority of the
                                               rectly elected by the people through                                                                           States, and it was passed by one party
                                                                                                       American people is in favor of it. And
                                               the electoral college.                                                                                         and one party alone. Those actions
                                                                                                       50 U.S. Senators representing 62 per-
                                                 Now, I think it is worth pointing out                                                                        were taken by the old Republican
                                                                                                       cent of the American people are in
                                               that the Senate contains built-in pro-                                                                         Party that used to be the party of Lin-
                                                                                                       favor of it. But the bill is being blocked
                                               tections for the minority by its very                                                                          coln. Should we have sacrificed those
                                                                                                       by a minority of Senators representing
                                               structure. The 2 Senators from Wyo-                                                                            critical amendments at the altar of bi-
                                                                                                       a minority of the American people.
                                               ming represent 578,000 of our fellow                      And think about this. State legisla-                 partisanship? Should we have said to
                                               Americans, and the 2 Senators from                      tures around the country, as we gather                 them: Don’t pass them because no
                                               California represent 39 million of our                  here, are passing laws to erect barriers               Democrats at that time supported
                                               fellow Americans. Two Senators from                     to voting by a majority vote. The laws                 them? Of course not.
                                               Wyoming represent 578,000 people, and                   they are passing impact every citizen                    We all strive for bipartisanship, but
                                               2 Senators from California represent 39                 in this country because they impact                    that goal should not stand in the way
                                               million Americans, but here in the                      the outcome of Federal elections. When                 of legislative action, especially on
                                               Senate, each of those Senators, wheth-                  State legislatures in Georgia pass laws                issues central to protecting our democ-
                                               er from Wyoming or California, has                      to disenfranchise voters in Federal                    racy.
                                               votes of equal weight. We can do the                                                                             Another argument often made, in-
                                                                                                       elections, they are disenfranchising
                                               math, the political math.                               voters in all of the other 49 States who               cluding by many of our Democratic
                                                 People of Wyoming are already exert-                  have a stake in the outcome of Federal                 colleagues, in favor of keeping the cur-
                                               ing influence here in the Senate way                    elections.                                             rent version of the Senate rules and
                                               out of proportion to their share of the                   But the current version of the Senate                the supermajority requirement, high-
                                               American population. That is in the                     rules prevents the U.S. Senate from                    lights the risk of giving up the ‘‘protec-
                                               structure. But if you layer the current                 casting a majority vote to protect vot-                tion’’ of the filibuster on issues that
                                               version of the Senate filibuster rule on                ing for every American, even though                    Democrats hold dear and where Repub-
                                               top of the Senate structure and on top                  the Constitution expressly empowers                    licans hold a different position.
                                               of other protections for minority rights                us to do that—to regulate Federal elec-                  If we eliminate the 60-vote threshold
                                               enshrined in our Constitution, you fur-                 tions.                                                 to pass policies that Republicans don’t
                                               ther nullify the will of the American                     So, Mr. President, what arguments                    like, won’t Republicans be able to use a
                                               people. You nullify the will of the ma-                 do proponents of the current filibuster                majority vote to pass policies that
                                               jority of our fellow citizens.                          rule present to justify this self-anoint-              Democrats don’t like?
                                                 That is why the anti—majoritarian,                    ed power to thwart the majority will of                  That is true. That is the nature of de-
                                               anti-democratic—small         ‘‘d’’—Senate              the American people?                                   mocracy. That is what elections are
                                               rule is nowhere to be found in the Con-                   One claim is that it promotes biparti-               for—every 2 years for Members of the
                                               stitution. You can search high and low;                 sanship. Look, I know the Presiding Of-                House, every 6 years for the Senate,
                                               it is nowhere to be found here. In fact,                ficer. I know the Senator from Virginia                and every 4 years for the President. If
                                               as I said, our Founders were very clear                 who has joined us. I know the Senator                  the American people don’t like a law
                                               about allowing the majority sentiment                   from Oregon. All of us prefer to find                  that we have passed, they get to go to
                                               vote to prevail in the end. And they                    common ground to meet the challenges                   the ballot box to render a decision.
                                               were very clear in this document, the                   of the day when we can. I am proud to                  That is the ultimate accountability in
                                               Constitution, exactly when to require a                 be the author of many bipartisan meas-                 the system, and we should not be erect-
                                               supermajority vote. It is right here:                   ures and to sponsor many others, and                   ing artificial rules to protect ourselves
                                               Two-thirds vote of all Members is re-                   to vote for many of those measures.                    from the majority views of the Amer-
                                               quired to convict and remove a Presi-                   But let’s not kid ourselves here in the                ican people.
                                               dent; two-thirds vote is needed to expel                U.S. Senate about the ability of the 60-                 In fact, it is simply arrogant—arro-
                                                                                                                                                              gant—to invent a rule that blocks the




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                                               a Senator; two-thirds needed to over-                   vote requirement to promote biparti-
                                               ride a Presidential veto; two-thirds                    sanship. The Senate we are living in                   will of the American people. It is sim-
                                               vote to concur on treaties; two-thirds                  today is the most polarized ever. The                  ply arrogant to say that we Senators,
                                               to amend the Constitution. That is it.                  claim that this rule promotes biparti-                 not we the people, are the guardians of
                                               That is what is in the Constitution of                  sanship flies in the face of the reality               our democracy, and we are going to
                                               the United States.                                      we witness every day.                                  come up with this rule that is not in
                                                 Our Founders did not envision a Sen-                    In fact, the filibuster in its current               the Constitution to do that. That is
                                               ate where the normal course of legisla-                 form has become a partisan political                   what our current Senate rules do.



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                                               S242                                              CONGRESSIONAL RECORD — SENATE                                                   January 18, 2022
                                                 Now, there is one major exception to                  purpose and then to pass the Freedom                   your side—neither is claiming that Re-
                                               the 60-vote rule to end a filibuster on                 to Vote Act, including the John R.                     publican Senators, Republican legisla-
                                               legislation. It is called the reconcili-                Lewis Voting Rights Advancement Act,                   tors, States, and Republican State vot-
                                               ation process. I believe that this major                to protect our democracy.                              ing laws are so-called Jim Crow 2.0,
                                               exception exposes the absurdity of the                    I yield the floor.                                   when your very own State’s laws, in
                                               current Senate rule itself. Most folks                    I suggest the absence of a quorum.                   terms of voting, are some of the most
                                               watching this debate may be justifi-                      The PRESIDING OFFICER. The                           restrictive in the country. This is a
                                               ably confused. They are watching the                    clerk will call the roll.                              narrative, I hope, our friends in the
                                               Senate and they are saying: It was                        The legislative clerk proceeded to                   media will keep an eye on during the
                                               about a year ago that the Senate                        call the roll.                                         debates this week.
                                               passed the American Rescue Plan with                      Mr. SULLIVAN. Mr. President, I ask                     What am I talking about?
                                               a majority vote. It was a vote of 50 to                 unanimous consent that the order for                     Well, first and foremost, I am talking
                                               49. It was a major piece of legislation                 the quorum call be rescinded.                          about Majority Leader SCHUMER and
                                               responding to the pandemic emer-                          The PRESIDING OFFICER (Mr.                           Joe Biden and their States, New York
                                               gency. Not a single Republican Senator                  KAINE). Without objection, it is so or-                and Delaware, which have some of the
                                               voted for it, but it passed. During the                 dered.                                                 most restrictive voting laws in Amer-
                                               Trump administration, Senate Repub-                                       f                                    ica. Let me repeat that. Some of the
                                               licans passed a major tax giveaway to                                                                          most restrictive voting laws in Amer-
                                               the rich by a vote of 51 to 48. Not a sin-                              H.R. 5746
                                                                                                                                                              ica come from the majority leader’s
                                               gle Democrat voted for it.                                Mr. SULLIVAN. Mr. President, last                    State and the President of the United
                                                 Those laws contained major policy                     week, I gave a long, detailed speech on                States’ State. Yet listen to their rhet-
                                               changes, but they could not be blocked                  the topic that was at hand last week                   oric. Listen to their rhetoric: Repub-
                                               by a vote of a minority of 41 Senators.                 and is the topic, right now, that we are               licans and Republican States are ‘‘Jim
                                               Why is that? It is because in 1974, the                 focusing on here in the U.S. Senate:                   Crow 2.0.’’
                                               Senate carved out a major exception to                  voting rights and the majority leader’s                  I was on the floor last week, talking
                                               the supermajority filibuster rule for                   goal this week, as it was last week, to                in particular detail about my State’s
                                               legislation connected to the annual                     blow up the legislative filibuster.                    laws. We are all different States here,
                                               budget process. That carve-out—that                       I believe it would be the first time in              but I know my State’s laws. I know
                                               procedure—allowed for the passage of                    U.S. history that a majority leader                    them well as they relate to voting
                                               the Trump tax law, for the American                     would actually seek to do this—to blow                 rights. Here is one thing I said last
                                               Rescue Plan, and earlier for the Afford-                up the legislative filibuster—which, in                week: On some of the most critical
                                               able Care Act.                                          and of itself, says a lot. This would, of              issues, in terms of voting rights legis-
                                                 So, colleagues, here we are maintain-                 course, change the Senate and change                   lation—early in-person voting, auto-
                                               ing this carve-out to the filibuster rule               the country forever. There will be a lot               matic voter registration, and this
                                               that allows Donald Trump and Senate                     of speeches on that. There will be many                chart here of no-excuse absentee vot-
                                               Republicans to pass big tax cuts by a                   more speeches today, tomorrow, and                     ing—the Republican State of Alaska,
                                               majority party-line vote. You can’t                     Thursday on these important topics.                    the great State of Alaska, has voting
                                               block it with a vote of 41. It allows us                  Now, the President of the United                     laws that are significantly more expan-
                                               to pass important things like the                       States weighed in on these two topics—                 sive than the laws of New York, than
                                               American Rescue Plan, using the same                    the filibuster and voting rights—in                    the laws of Delaware, than the laws of
                                               procedure.                                              Georgia, in a speech last week that is                 Connecticut, than the laws of Massa-
                                                 But our rules don’t allow us to pass                  already going down as an infamous                      chusetts, than the laws of New Hamp-
                                               rules to protect our democracy. That is                 speech by a President of the United                    shire. It is a long list, a long list. You
                                               absurd. Anyone paying close attention                   States. Let’s just say it really didn’t go             can see why Senators like me—my con-
                                               to the rules would see how absurd that                  very well, the President’s speech.                     stituents, in particular—find it more
                                               is in a great democracy, and it needs to                  I ask all Americans to take a look at                than just a little bit annoying when
                                               change and it needs to change now.                      it. It is quite disturbing for a whole
                                                 Each day that we maintain the cur-                                                                           you have these smug arguments of Re-
                                                                                                       host of reasons. The President’s speech                publican States being Jim Crow 2.0.
                                               rent undemocratic Senate rules that
                                                                                                       was almost universally panned, on the                    Let me give you another particular
                                               allow 41 Senators to block the will of
                                                                                                       left even, on the right, and in the cen-               one as it relates to New York, the ma-
                                               the majority, we allow State legisla-
                                                                                                       ter. I have not seen one U.S. Senator                  jority leader’s home State.
                                               tures to continue their assault on de-
                                                                                                       come down on the floor, this week, to                    My State has no-excuse absentee vot-
                                               mocracy and we prevent our own de-
                                                                                                       defend it. It will be interesting, as we               ing. We have had that for many, many
                                               mocracy from working the way it was
                                                                                                       debate these issues, if anyone does, but               years—many years. Now, the State of
                                               intended.
                                                 The American people sent us here to                   I doubt there will be, and there are                   New York just had a statewide ref-
                                               get things done, to move the country                    many reasons for this.                                 erendum to have same-day voter reg-
                                               forward, and the overwhelming major-                      As a speech by a President, it was re-               istration and no-excuse absentee vot-
                                               ity are crying out for us to protect the                markably divisive—in essence, calling                  ing to meet the high standards that we
                                               future of our democracy. That is why                    every Senator, Democrat or Repub-                      have in Alaska. The people of New
                                               we must amend the undemocratic rule                     lican, who doesn’t agree with him a                    York recently rejected that. I don’t
                                               that empowers 41 of 100 Senators to                     racist and a traitor. Read the speech. It              know why. I am not from New York. I
                                               disempower the majority of the people                   was historically absurd—invoking the                   am sure they had what they thought
                                               of our country.                                         sacrifices of the Civil War and heroes                 were good reasons to do that, but if the
                                                 And I support the proposal put for-                   like Abraham Lincoln and villains like                 majority leader keeps coming down
                                               ward by our colleague from Oregon,                      Jefferson Davis to present-day cir-                    and calling the Republican States that
                                               Senator MERKLEY, that takes us back                     cumstances. It was profoundly un-Pres-                 restrict voting Jim Crow 2.0, is he
                                               to the original design and intent of the                idential, as Senator MCCONNELL stated,                 going to go to Times Square and call
                                               first Senate and the Framers—debate.                    rhetoric, completely unbecoming of a                   his own constituents Jim Crow 2.0, rel-
                                               Everyone gets a chance to make their                    President of the United States, and in                 ative to my great State—because they
                                               point. Convince your colleagues and                     an attempt to get Senators, especially                 just rejected doing this, restricting
                                                                                                       Democrat Senators, to vote the way in                  voting rights—according to the logic of




SSpencer on DSK126QN23PROD with SENATE
                                               convince the American people. But as
                                               James Madison said, at the end of the                   which President Biden wants them to                    the majority leader and the President
                                               day, a great democracy must have a                      vote, it appears to have been a monu-                  of the United States?
                                               majority rule subject to the conditions                 mental failure. Now, I wonder why.                       There is something really wrong here
                                               already applied and set out in our Con-                 Well, of course, here is why.                          on these arguments and it is not just
                                               stitution.                                                Calling someone a racist and a trai-                 New York and it is not just my making
                                                 So I urge my colleagues to join us in                 tor is not the normal, logical route to                these arguments about where other
                                               restoring the Senate to its original                    try to persuade one to come over to                    States are. Again, my argument here is



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