This might seem an odd moment to argue that the Senate is fundamentally broken and repairs should top our list of priorities. After all, the Senate passed a $900 billion health-care bill Thursday morning. But consider the context: Arlen Specter’s defection from the Republican Party earlier this year gave Democrats 60 votes in the Senate — a larger majority than either party has had since the ’70s. Democrats also controlled the House and the presidency, and were working in the aftermath of a financial crisis that occurred on a Republican president’s watch. This was a test of whether a party could govern when everything was stacked in its favor.
The answer seems to be, well, not really. The Democrats ended up focusing on health-care reform’s low-hanging fruit: the bill the Senate ultimately passed does much more to increase coverage than it does to address the considerably harder problem of cost control, it strengthens the existing private insurance system and it does not include a public insurance option. And Democrats still could not find a single Republican vote, which meant they had to give Nebraska a coupon entitling it to a free Medicaid expansion and hand Joe Lieberman a voucher that’s good for anything he wants. If the Senate cannot govern effectively even when history conspires to free its hand, then it cannot govern.
To understand why the modern legislative process is so bad, why every Senator seems able to demand a king’s ransom in return for his or her vote and no bill ever seems to be truly bipartisan, you need to understand one basic fact: The government can function if the minority party has either the incentive to make the majority fail or the power to make the majority fail. It cannot function if it has both.
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