27 October 2008
Party poised to increase legislative majority in 2009 Congress

Washington — As Election Day nears, many Democrats are hoping for more than Barack Obama’s victory in the presidential race. U.S. voters will also elect more than one-third of the U.S. Senate, and the Democratic Party could make gains that will enable it to pass more legislation.
Among the thousands of U.S. officials to be elected November 4 are all 435 members of the U.S. House of Representatives and 35 members of the U.S. Senate. Political pundits and party members are watching dozens of highly competitive contests throughout the country.
Democrats currently are the majority party in both houses of Congress, having won control with big wins in the 2006 midterm elections, but hold the slimmest possible majority in the Senate. Political experts expect Democrats to not only retain control of both chambers in 2009, but to increase the size of their majorities.
In the Senate, 12 Democratic incumbents are seeking re-election, and only one seems to be facing a serious challenge. Republicans are defending 23 seats, including five held by members who are retiring. Many of the remaining incumbents are facing tough re-election battles.
Currently, 49 Democratic senators and the Democratic-voting independents Joe Lieberman and Bernie Sanders give the Democrats their narrow edge. But the party expects its majority to increase in the 111th Congress, which takes office in January 2009. Democrats are poised to pick up seats currently held by retiring Republicans in places like Virginia and New Mexico — states where the Democratic candidate is polling well ahead of the Republican. They are likely to win in some other states as well.
DEMOCRATS HOPING TO WIN 60 SENATE SEATS
The Democratic Party is hoping for enough Senate victories to increase their coalition of Democrats and Democratic-leaning independents from 51 to 60.
Holding 60 seats is important because 60 votes are needed to end a filibuster — a parliamentary procedure that allows senators to continue a debate indefinitely and block or delay a vote on a measure or nomination. Filibusters have been used effectively throughout U.S. history. It was a tactic frequently used by Southern senators seeking to block civil rights legislation in the 1960s. More recently, filibusters have been used a record number of times in the 110th Congress, effectively preventing the Senate from holding votes on certain issues.
The term filibuster, coined from the Dutch word for pirate, came into use in the 1850s. But the practice of filibustering to keep the legislative body from voting on a bill predates this term. In 1917, senators adopted a rule allowing debate to end with a two-thirds majority vote. This device, called “cloture,” can halt filibusters, but it was used rarely because as it was so difficult to gain the support of that many senators. In 1975, the Senate reduced the number of votes needed for cloture to three-fifths (60).
Prominent Democrats have been campaigning for senators across the country, reminding voters of their party’s 60-seat goal. Campaign surrogates are saying that if Obama wins the election, he will be able to pass more of his campaign proposals with 60 senators on his side.
“Sixty is the magic number. If we reach 60 Democrats in the Senate, then the days of Republican obstruction are over,” New York Senator Hillary Clinton said in an e-mail to supporters October 21. “Barack Obama needs [these senators] to reach a filibuster-proof majority.”
“Republicans have filibustered a record-breaking 94 times in the last two years,” former NATO commander and 2004 Democratic presidential candidate Wes Clark said in an e-mail to Democratic voters October 22. “Imagine what they will do when faced with Barack Obama’s agenda for change.”
Democrats are not the only ones campaigning on this topic. North Carolina Republican Elizabeth Dole, who faces a competitive re-election match against State Senator Kay Hagan, recently released a television ad encouraging voters to keep in mind what the impact of a 60-seat majority would mean for Republicans.
"These liberals want complete control of government in a time of crisis," the ad’s narrator says. "All branches of government. No checks and balances, no debate, no independence. If [Hagan] wins, [Democrats] get a blank check."
The ad suggests that if Obama wins the presidency and the Democrats have enough members to invoke cloture, the Democratic president’s proposals could pass through the Senate with minimal debate.
Even if the next U.S. Congress has 60 Democratic or Democratic-leaning independent senators, this does not mean the party will always be able to prevent filibusters. Senators hold a wide range of political views, and not all party members will favor cloture on the same issues. Alternatively, even if the Democrats do not earn 60 seats, on certain topics they may be able to invoke cloture with the help of some moderate Republicans.
More information about filibuster and cloture is available on the U.S. Senate Web site.