When the Wisconsin Democratic Senators walked out several weeks ago, they were engaging in a tactic known as “Quorum Busting”. This is a relatively obscure tactic that takes advantage of a legislative bodies Quorum rule. The Quorum rule obviously is essential to ensure a minimum number of persons are present before official actions can be taken by a legislative body. For the Wisconsin Senate, it only takes a simple majority to convene and conduct business not related to the budget. Anything associated with the budget, requires two-thirds of the body for a quorum. So by packing it up and heading off to an early spring break in sunny, warm…..Illinois??……(seriously, Illinois???)…..the Senate is unable to engage in official business related to fiscal matters. I can imagine the 14 Senate Democrats on a bus heading south, with a sign along the bus that says “Quorum Busting or BUST!”

Ha!

So, immediately begins the heated rhetoric, (i) accusing the 14 Senators of abandoning their civic duties, (ii) elections have consequences, and (iii) such conduct is not tolerated in a democracy. I mean seriously, if our legislature were to just stop meeting, then the whole fabric of society will unravel. No such civilized society would ever tolerate such a thing, ever!

Uhhhh….wait a sec.

It appears that Quorum Busting has been going on for…….over 150 years? Seriously?!?! How did we ever last this long as a free and democratic society if Quorum Busting is the last sign of the apocalypse? Falderal! Pish-posh!

Alright, let’s get that useless history book off the shelf, grab a dust rag, open that book up and see what we can find:

1. Illinois? Honest Abe Lincoln tried (unsuccessfully) to jump out a window (because chamber doors were locked) when he was in the Illinois legislature to prevent a quorum (one must wonder, why was he the last one left that he suddenly realized that he needed to jump out the window. “Hey, where did everyone go…..uh-oh, crap…..must…find….window…..Hey, it’s bit stuffy in here, mind if stand by the window while you do that Roll Call thing……darn…..”)? We’ll aint that a hoot.
2. Texas? Apparently the Texas Legislature is off the chain when it comes to Quorum Busting. Everybody is bush league compared to these guys. It’s seems to be a generational right of passage in Texas.
   • Rump Senate (1870) – The infamous Texas Rump Senate. In an effort to thwart the passage of a bill that would have given the Governor broad law enforcement / militia powers, a delegation of Senators barricaded themselves in a committee room. The Sergeant-In-Arms had to bust through a window to forcibly bring 4 of the Senators back into the chamber to satisfy the Quorum. After establishing the necessary quorum, the offending Senators were arrested and locked up. Let that stand as a stern warning to anyone that even thinks about Quorum Busting……Don’t Mess w/ Texas……….It worked for a while……until one day……
   • The Killer Bees (1979) – Objecting to a plan regarding the reorganizing of the primary election system, 12 Texas Senators packed up and when into hiding. A state-wide all points bulletin was issued and Law Enforcement scoured the entire state looking for them. At one point the brother of one of the Killer Bee’s was arrested, mistaken to be one of the hiding Senator’s (wow, how embarrassing…….) The governor subsequently backed down and the Killer Bees came out of hiding…their beehive was located a mere 3 miles from the Capitol. The failed effort of Law Enforcement to find the Killer Bees and their arresting the a man who wasn;t a Senator, earned them the title of “Bumble Bees”.
   • The Killer D’s (2003) – This time, the Texas legislature decided to step up and fulfill their destiny by Quorum Busting a redistricting plan. Fifty-two state legislators decided to not show up to prevent a quorum on the bill. And it worked…..for while…..but then one day, it all went crazy again…….
   • The Texas Eleven (2003) – Although the redistricting plan was thwarted by the Killer D’s, it was eventually passed by the Texas State House and subsequently landed like a big ‘ol dud in the Texas State Senate. Twelve Texas Senate Democratic Senators piled into a bus and went to New Mexico and chilled out, IT worked for while, until one of them got nervous, hitched a ride back to Austin and provided the lone person needed to satisfy a quorum. I bet he didn’t get an invite to the Texas Democratic Christmas party that year.
3. U.S. Congress? Even the storied, gentlemanly, highly professional, always dignified, collegial U.S. Senate; and its always wacky, high-strung, everything goes relative; the U.S. House of Representatives, have seen their share of Quorum Busting.
   • Disappearing Quorum (1890) – Back in the day, a quorum was only deemed official if the total number of Yea’s on a matter exceeded half the number of members of the entire body. If less than half of the entire body did not vote Yea, then a Quorum was not achieved and the vote was not valid. So, this leads to the interesting case in 1890 when the House had to decide which person from the WVa 4th congressional district would be seated. Knowing they did not have the necessary votes to stop the seating of Republican (instead of their choice, the Democrat), 163 House Democrats were present, but just refused to vote. The food fight that immediately broke out was the stuff of legends. The Speaker of the House ordered another Roll Call and directed the Clerk of The House to base the quorum on those present instead of those that voted (an obvious violation of the Rules of the House at that time). The doors were then ordered locked and the Roll Call commenced. Knowing they could not get out of the chamber, many Democratic members tried to hide under their desks to prevent being counted in the Roll Call. This political theatre went on for 5 days until the necessary number of yea’s were obtained. The Rules of the House were then changed shortly thereafter so that such non-sense would ever occur in the U.S. Congress. Uh……..or not……..
   • Civil Rights Filibuster (1942) – The issue: Poll taxes. A southern contingent of U.S. Senators go into hiding to prevent a quorum. A Call of the Senate was issued and the necessary number of Senators were rounded up and brought in.
   • Call of The Senate (1988) – Sen. Robert Byrd issues a Call of the Senate to force a vote on Campaign Finance Reform. The Republican Senators went into hiding, mostly in their offices. The Sergeant-At-Arms uses his skeleton key to open up the office of Oregon Republican Senator Robert Packwood. He is forcibly carried feet first by Capitol Police into the Senate chamber at 1:17 a.m.

Ok, so Quorum Busting is a tactic that has been employed with mixed results since the days of Abe Lincoln and it has been employed by both political parties at both the state and federal level. It is obviously a tactic of last resort with defined risks / consequences for both sides, particularly for the Quorum Busters.

At some point the Wisconsin 14 are going to have to come back. I think they have made their point and have probably gotten all of the political advantage they can get out of this situation. Without at least three defections from the Senate Republicans, continuing this will be senseless and costly to the state. It’s time to re-engage the wheels of democracy and let this particulat act of political theaterto come to a close.

If anyone else has any historical examples of Quorum Busting in the U.S., please post it here. I’d like to add to the collection!

Peace,
Bill W.