The high regard for the Constitution by many in the public is being underestimated in Congress. Seeing the Constitution disregarded or functionally transmogrified in several ways is depressing, as is the feeling of futility that comes from the realization that control of the current federal government is more and more slipping away from the citizens it was put in place to serve. The realization that we as citizens do not have access to the information government collects on us individually—or even the parameters of that information, along with the identities of government agencies and contractors that collect, analyze, store, or distribute it—leads to despair, exasperation, or malaise.

EFF’s Kurt Opsahl recently summarized a Melman Group poll’s finding that a strong majority of voters oppose telecom immunity. (The Mellman Group’s findings report, as sent to the ACLU and linked to by Opsahl, is in PDF format.) Surveys of public knowledge of and opinion toward specific surveillance and personal information gathering practices would be welcome, and might even serve to influence some in Congress. There will be elections.

When I set out this morning, to estimate events and progress on FISA this week, I composed this:

Obviously, with a grand total of 14 hours of debate time being allocated, plus a parliamentary interruption to move economic stimulus along, FISA won’t be sent to the House by the end of today, probably not by the end of tomorrow, and maybe not before the end of the week.

The cloture motion to cause the cloture vote noted below is yet to be filed [to limit debate on final passage], and any Senator has the right to insist on the Senate Rule XXII time periods: 1 day layover between filing the cloture motion and taking the cloture vote (this would be squared by filing a cloture motion today); plus 30 hours after the cloture motion passes before voting to pass the final bill. While they have a right to, I doubt Senator Dodd or Feingold will force the 30 hour delay after the cloture motion passes.

I didn’t anticipate debate on the motion to proceed to HR 5140 being an interruption to FISA. But at most, it’s a 30 hour interruption, and the clock is running now, even while the Senate is out.

I’d cast this as GOP objecting to both FISA and economic stimulus.

Dodd (or Feingold) can object to voting on final passage of FISA, and assuming cloture is filed to get around that, and passed, they can insist on the time periods, including 30 hours of post-cloture debate.

But that doesn’t stop the votes outright. It only delays that vote.

At this moment, working on FISA is delayed on account of a GOP objection.

I was looking at the record for an example of something, and found this recent event. The only point I aim to make with it is that one has to parse Senate-speak with a combination of “exactitude” and “grain of salt.” Things, especially timing, can change quickly.

The following was on the morning of December 17, 2007.

Mr. REID. Mr. President, the Senate will immediately resume the motion to proceed to S.2248, the FISA legislation. This debate will extend until 12 noon. At noon, the Senate will vote–or thereabouts; there may be a couple minutes’ slippage–on the motion to invoke cloture on the motion to proceed to the legislation. If cloture is invoked on the motion, the motion can then be adopted and the Senate can proceed to the bill and begin the amending process.

So, what’s your impression? Cloture passes, then the Senate adopts the motion? Proceeds to the bill “then?”

Well, it COULD. But it DIDN’T. Senator Dodd objected, and insisted on the 30 hours of post-cloture debate.

Can he do the same thing again? If the Republicans are plotting to fix the votes so we can’t win any of them, then maybe the next best option is to stop the votes from happening at all.

No bill is better than a bad bill!

Bob in HI