Congressional Record, Senate, January 18, 2022, Page S239
Summary
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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Senate, January 18, 2022, Page S239.”
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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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