Cole: Shutdowns Never Work

By Congressman Tom Cole

At 11:59 PM EST on January 19, 2018, the United States Senate refused to take up a spending bill which would have kept the government open until February 16, 2018. This bill not only would have kept the federal government open and running efficiently, it would have included many provisions to support people’s health insurance and protect our national security. The legislation included a six year reauthorization of the Children’s Health Insurance Program (CHIP) which provides medical coverage for nine million children across the nation, including 187,000 children in Oklahoma, 25,000 of whom reside in the Fourth District. There are also provisions that would delay Obamacare taxes on many people’s health insurance, and a delay on an Obamacare tax on medical devices. Significantly, the spending bill provided billions of dollars to fund our military, including troops’ pay and funding for important missile defense programs, which are critical during a time of global tensions with North Korea.

Some people have called this the “Trump Shutdown.” Others have called this the “Schumer Shutdown.” It ought to be called the “Senate Shutdown.” The fact of the matter is that the House passed the spending bill by a vote of 230-197. The same measure passed in the Senate with a simple majority vote of 50-49. Because of the arcane filibuster rules of the Senate, a mere 41 Senators can give the minority party the ability to grind the work of the Senate to a halt. President Trump has pointed out that this problematic rule has made it extremely difficult to govern. In the House, a simple majority is sufficient to proceed, which is why it is able to move legislation quickly. At present, the House has passed over 400 pieces of legislation in this Congressional session, of which only 67 have been passed by the Senate. A majority of legislation is sitting in the Senate and has yet to be acted upon. This is due in no small measure to the obscure Senate rules that allow 41 Senators to prevent a vote from even being held.

While only Senators have the right to change the Senate rules, it is my hope that after this regrettable episode of a government shutdown, the Senate will reconsider the rules regarding cloture and filibuster. Under the pressure of events, the Senate has changed its rules before. The Democratic Senate lowered the threshold for Presidential appointments to a simple majority during the Obama Administration. The Republican Senate followed suit as well, in respect to the nominations to the Supreme Court. It is time for the Senate to apply the same standard to other legislation, especially appropriations bills, which are critical to keep the government running. The truth is, as long as the filibuster rule is in place, a minority will be able to shut down the government whenever they would like. This tactic is putting self-proclaimed prerogatives of the Senate ahead of the good of the American people. The filibuster is not in the constitution or in the legal framework that dictates how legislation is passed.

In this manufactured crisis, I am proud of both the President and the Speaker for their refusal to negotiate with Senate Democrats until they voted to reopen the government. Sadly, since 2013, both sides have tried to achieve their political objectives by shutting down the government. Each time, it failed. Those who engage in this tactic have been roundly condemned. It is my hope that both sides have learned their lesson. You cannot win political disputes by punishing the American people. Government shutdowns have never worked, and they never will.


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