Congressional approval ratings seem to be falling farther every day, and I think that a large factor in this is the appearance that Congress isn’t getting much of anything done. Health care, for example, has stolen the headlines for months, and now the probability of passing reform like that initially envisioned is slim indeed. Other legislative efforts are similarly deadlocked.
Why, with control of both houses in Congress and the White House to boot, are Democrats having such a hard time making ground? In a word: filibuster.
In the past, the filibuster, while an annoyance, didn’t often keep a majority from creating legislation. But starting in the 110th congress (the one before the current 111th), we’ve seen a massive increase in filibusters. Just look at this graph of cloture motions from the past half-century (from Wikipedia):

Part of this huge rise is because cloture is now used for other reasons in addition to shutting down a filibuster, but the number of filibusters has also skyrocketed since the Republicans lost power in 2006. And this graph isn’t even counting the latest Congress!
Now, in general, the filibuster can be a worthwhile political tool. It allows a single senator to stand up against legislation that he or she doesn’t believe in. It can force further discussion on an issue and create public attention. With it, a minority party can still have an effect on the legislative process.
But, at the same time, requiring a 3/5 majority to create policy doesn’t make sense. If there are more senators who support a bill than senators who don’t, the bill should pass.
Why hasn’t the filibuster been eliminated long ago? Largely because the majority party is always scared that if they get rid of it, once they fall out of power, they’ll be powerless. And, as illustrated above, filibusters weren’t as prevalent in the past as they are currently.
But now that bills are being filibustered left and right, it’s clear that if Congress wants to get real work done, something about the filibuster rule has to change.
So the question becomes, how can we give a minority party some power over a majority power without letting them derail the majority’s legislation?
What we need is a compromise. Maybe a party could be limited to a certain number of filibusters per bill. Or the number of senators required for cloture could be reduced. Or we could look at a more novel idea, like the one proposed by Iowa senator Tom Harkin (from a Washington Post interview with him):
The idea is to give some time for extended debate but eventually allow a majority to work its will. I do believe there’s some reason to have extended debate. If a group of senators filibusters a bill, you want to take their worries seriously. Make sure you’re not missing something. My proposal will do that. It says that on the first vote, you need 60. Then you have to wait two days, and on the third day, you need 57 votes. And then you need to wait two days, and on the third day, it’s 54 votes. And then you’d wait another two days, and on the third day, it would be 51 votes.
But whatever compromise is worked out, I believe that the current de facto supermajority requirement simply doesn’t work. When a bill that has the support of the majority of senators can’t pass, you know that something is wrong.