Sunday, November 14, 2010

The Gerrymandered Texas Senate and the Threats to the Senate's 2/3rds Rule

Rick Casey comments on what he calls the most stable job in Texas politics: Texas State Senator.

There is one Texas elected body that is so stable that it offered a safe harbor for Democrats even in the political monsoon that blew on Tuesday.

Is this good news for the Democrats? Not hardly, as we shall see. The body is the state Senate.

Consider this: While Democrats lost 21 seats in the 150-member Texas House of Representatives and most likely three veteran congressmen, the 31-member Texas Senate had 12 Democrats and 19 Republicans before the election and will have exactly the same margin after the new Legislature is sworn in next January. And only two are newcomers, one Democrat and one Republican having stepped down voluntarily.

But while Democrats are safe in body, its districts have been designed so that they underrepresent Democrats in the state -- as is the case with most other offices in the state. Republicans, who control the districting process, accomplish this feat by packing Democrats into fewer seats than they might otherwise occupy, but Democratic incumbents are hardly likely to complain because this makes their seats more secure.

Even with this small number of seats, Democrats -- and the minority party in general -- has been able to leverage this small number of seats into a type of veto power since as long as they are at least one-third of the Senate, they can block legislation from going through the floor. From the Legislative Refrence Library:

For almost half a century, blocker bills have routinely been placed at the top of the Senate's Daily Calendar, which in effect forces a suspension of the regular order of business on every bill. Blocker bills are bills that are introduced and passed out of committee as early as possible in a legislative session in order that they may occupy the first positions on the calendar. They are not intended to be worthy of serious consideration or passage. The sole purpose of a blocker bill is to ensure that at least two-thirds of the membership have an interest in debating a measure before it can come to the floor. Bills that do not enjoy substantial support cannot make it past the blocker bill.

Though it has been set aside on rare occasions, this practice -- known as the "two-thirds rule" -- has been an honored tradition in the Senate. Among other things, it is generally acknowledged that the Senate's two-thirds rule fosters civility, a willingness to compromise, and a spirit of bipartisanship.


Republican Senators have argued that this rule undermines democracy -- and certainly their agenda -- and have made efforts to remove it in the past. Similar efforts are underway currently.

- In Defense of the Two Thirds Rule.
- Bill Hobby comments on the rule.