The Senate filibuster shutdown has now become the longest in U.S. history at 39 days. (See shut down clock). Nearly one million federal workers remain furloughed. SNAP benefits hang in the balance. Air traffic controllers work without pay. And President Trump demands Republicans “terminate the filibuster” to end the crisis.
But eliminating the Senate filibuster shutdown mechanism entirely would be catastrophic—enabling either party to pack courts, add states, or fundamentally restructure government with just 51 votes. The current system, however, clearly fails its constitutional duty.
“Where there is no guidance, a people falls, but in an abundance of counselors there is safety.” (Proverbs 11:14)
America needs a Third Way (Third Way defined) between these false extremes.
The Constitutional Crisis Behind the Senate Filibuster Shutdown
Article I, Section 9 declares: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
This isn’t a suggestion. Funding the government is Congress’s constitutional duty.
Yet Congress has abandoned the process the Constitution requires. Instead of passing 12 separate appropriations bills annually through “regular order,” lawmakers now:
- Wait until the last minute
- Bundle everything into massive omnibus bills
- Attach controversial policy riders to “must-pass” legislation
- Use the Senate filibuster shutdown threat to extort concessions
- Repeat the cycle with continuing resolutions
The Heritage Foundation correctly notes that the filibuster protects minority rights and forces deliberation. But when basic government funding becomes a hostage in policy battles, the system betrays its purpose.
How Both Parties Weaponize the Senate Filibuster Shutdown
Today’s crisis: Democrats demand one-year Affordable Care Act subsidies or they’ll block appropriations. Republicans refuse. The Senate filibuster shutdown continues while Americans suffer.
The deeper problem: Both parties use funding bills as leverage for unrelated policy goals.
- Democrats: “No budget without healthcare extensions”
- Republicans: “No spending without border wall funding”
- Result: Government shutdowns, continuing resolutions, abdicated constitutional duty
The Senate was designed to “cool” the House’s passionate legislation—not to paralyze basic governance. As James Madison warned, the Senate exists to “protect the people against the transient impressions into which they themselves might be led.”
But Madison never envisioned the Senate filibuster shutdown as a weapon to starve the government itself.
The Nuclear Option: Why Eliminating the Filibuster Invites Tyranny
President Trump’s call to “terminate the filibuster” deserves serious consideration—and serious rejection.
Without the 60-vote threshold, a bare majority could:
- Pack the Supreme Court with 15+ justices
- Add DC and Puerto Rico as states (4 permanent Senate seats for Democrats)
- Federalize all elections and eliminate state authority
- Pass trillion-dollar entitlements without bipartisan support
- Weaponize federal agencies against political opponents
Scripture warns: “Like a muddied spring or a polluted fountain is a righteous man who gives way before the wicked.” (Proverbs 25:26)
Removing all restraints on majority power doesn’t restore righteous government—it enables whichever party holds temporary power to “muddy the spring” of constitutional governance.
Heritage Foundation scholar Brian Darling puts it clearly: “Without the filibuster, the Senate ceases to be a deliberative body” and becomes “a smaller version of the House of Representatives where raw majorities rule.”
The Third Way: Regular Order Restores Constitutional Governance
The solution isn’t eliminating the Senate filibuster shutdown tool entirely. It’s limiting its application based on constitutional function.
Principle 1: Distinguish Constitutional Duties from Policy Debates
Simple majority (no filibuster):
- Annual appropriations for the 12 categories Congress is constitutionally required to fund
- Debt ceiling increases (honoring obligations already made)
- Government operations essential to constitutional function
60-vote threshold (preserve filibuster):
- Major policy changes (healthcare mandates, entitlement expansions)
- Structural changes (court packing, new states, election federalization)
- Policy riders attached to appropriations
- Any legislation fundamentally altering constitutional structure
Principle 2: Return to Regular Order
Congress must pass the 12 appropriations bills separately, not bundled:
- Agriculture
- Commerce, Justice, Science
- Defense
- Energy and Water
- Financial Services
- Homeland Security
- Interior and Environment
- Labor, Health, Education
- Legislative Branch
- Military Construction/Veterans Affairs
- State and Foreign Operations
- Transportation and Housing
Each bill gets individual debate, amendments, and an up-or-down vote. No more thousand-page omnibus packages. No more “pass it to find out what’s in it.”
Principle 3: Separate Funding from Policy
If Democrats want ACA subsidies extended—vote on it separately. If Republicans want border wall funding—vote on it separately.
But neither party can hold basic government funding hostage to force their policy preferences. That’s extortion disguised as negotiation.
Biblical Principles Support the Third Way
Government exists to function. Romans 13:4 declares civil authority is “God’s servant for your good.” A government in perpetual Senate filibuster shutdown cannot serve anyone’s good.
Rulers must provide for the people. Proverbs 29:2 warns: “When the wicked rule, the people groan.” Depriving citizens of essential services while politicians posture demonstrates wicked leadership.
Wisdom requires counsel, not unilateral power. Proverbs 11:14 reminds us: “In an abundance of counselors there is safety.” The 60-vote requirement for major policy ensures broad consensus—the Third Way preserves this.
Fiscal responsibility is a biblical mandate. Proverbs 27:23 commands: “Know well the condition of your flocks, and give attention to your herds.” Congress cannot fulfill this duty through continuing resolutions and omnibus disasters.
Why the Third Way Honors Both Constitution and Scripture
The Framers designed the Senate for deliberation, not obstruction. They expected appropriations to pass regularly—not trigger annual crises.
The Third Way honors their design by:
Preventing tyranny: Major changes still require 60 votes and bipartisan support Enabling governance: Basic funding passes with simple majority, ending the Senate filibuster shutdown weapon Restoring accountability: Separate appropriations bills force transparent debate on each category Ending extortion: Policy debates happen separately from constitutional funding duties
This isn’t compromise between right and wrong. It’s distinguishing between types of legislation based on constitutional function.
Senator John Thune, the current Majority Leader, has championed regular order. He notes: “One of Congress’ most basic responsibilities is funding the federal government. And for all the reasons I just listed, the way we should be doing that is through regular order.”
The Third Way turns his vision into structural reform.
The Stakes: Constitutional Government or Permanent Crisis
If we eliminate the filibuster entirely, we enable tyranny.
If we preserve the current Senate filibuster shutdown system, we guarantee perpetual crisis.
The Third Way rejects both extremes by recognizing a biblical and constitutional truth: Different functions require different processes.
- Constitutional duties (funding government): Simple majority
- Major policy changes (restructuring society): Supermajority consensus
- Structural reforms (altering constitutional balance): High threshold protection
This framework prevents both gridlock on essential functions and reckless changes to fundamental structure.
What Christians Must Do
Pray for wisdom. Our senators face pressure from presidents, parties, and the people. Only God can grant the wisdom to navigate between false choices. (James 1:5)
Demand accountability. Contact your senators. Insist they pass the 12 appropriations bills separately through regular order. Reject omnibus hostage-taking.
Understand the stakes. The Senate filibuster shutdown debate isn’t just procedural—it’s about whether America will have functional constitutional government or permanent political warfare.
Support the Third Way. This framework honors biblical governance principles, constitutional duties, and prudent restraint on concentrated power.
Conclusion: Wisdom Over Weapons
The Senate filibuster shutdown reveals a broken system where constitutional duties become partisan weapons.
President Trump is right that something must change. But eliminating all restraints on majority power would make future abuses worse, not better.
The Third Way offers genuine reform: Fund the government through regular order with simple majorities. Preserve the 60-vote threshold for major policy changes. End the extortion. Restore constitutional governance.
“For lack of guidance a nation falls, but victory is won through many advisers.” (Proverbs 11:14, NIV)
The path forward requires more than passion—it requires wisdom. The Third Way provides that path.
What do you think? Should Senate rules distinguish between constitutional duties and policy debates? Share your thoughts below.
For more Constitutional Showdown analysis on preserving originalist principles in modern governance, check out our coverage of Louisiana v. Callais voting rights and birthright citizenship battles.
