Sen. Lindsey Graham’s Idea Won’t Work
Senate Has Tools to Force a Quorum - Do GOPers Really Want to Look Like Texas Democrats?
US Senator Lindsay Graham (R-SC) and his colleagues are right to be upset over negotiations with Democrats in the White House and Congress over infrastructure spending. But the Senior Senator from South Carolina’s short-term prescription for playing hardball - denying the Senate a quorum to conduct business - probably isn’t going to work.
Here’s why. The Senate’s Rule VI outlines the requirement for a quorum. It also says Senators have a responsibility to show up. It gives the remaining Senators the power to order the Sergeant of Arms to arrest and force the attendance of Senators in the Chamber.
It’s been done before. In 1988, Republicans filibustered a campaign finance reform bill that sought to limit spending (a concept that a future Supreme Court would rule a violation of the First Amendment, since political spending is a form of speech). Republicans decided, en masse, not to show up to deny the Senate a quorum.
Then-Senate Majority Leader Robert C. Byrd (D-WV) persuaded his remaining colleagues to pass a resolution compelling the attendance of Senators. One, Sen. Robert Packwood (R-OR), was seen being literally carried (some say dragged) into the Senate’s Chamber.
Certainly, a repeat of this 33-year old tactic would be dramatic and draw lots of attention. No less than the Texas House Democrats who chartered two planes to Washington, DC, to prevent passage of election reform legislation. And its a tactic that been used in other states for various reasons in the past.
It never really works. Eventually, everyone comes home and things either pass or they don’t. Travel to Washington, DC, is rather expensive, and someone has to legally foot the bill. Then there are hospital and other complications when you begin to spread viruses. And frankly, they look pretty foolish in the process.
You can run, but you can’t hide, at least for very long. Ultimately, it’s not a good look. Republicans have other tools at their disposal, and more importantly, working to move public opinion (and a Democratic colleague or two) to their side is the strongest antidote to legislative and executive irresponsibility.