them to do that this evening to hard-working federal employees in the event that it does shutdown. >> both senators voting on back pay for federal employees what looks to be a shutdown in a few hours time we will take your phone calls with the government funding at midnight tonight. let us know what you think about the impending shutdown

both having gavel doubt there is no time to come up with an agreement we already have some callers waiting on the line on the democratic line go ahead. >> i would like to strongly urge the legislators to pass the funding bill this is absolute chaos and should not be happening this time of year or any other time of year. >> thank you for your call. republican from tennessee. >> i would like to suggest they change the law is of holding up the pay for the working people have the politicians cut their salaries and hold them until they start doing their job.

>> thank you for the call from mike emanuel to say there was word from steve scalise on the fiscal year 2019 appropriations we encourage all members to remain on call prepared to vote on the house for the house is expected tomorrow at noon kentucky you are on the line. go ahead. >>caller: i would like to go back if i could to senator graham last night. stating that it could be delayed 26 years in the marine

corps understanding where that expression comes from because we have a commander in chief that was never in uniform so we are hesitant but he expressed himself very eloquently with those situations he is pretty close but them for him to leave in such a dignified manner i just think this shutdown should

have been avoided there were choices for both parties to work together. >> moving to rosedale new york the democratic line welcome to the conversation. >> i think the government should not be shut down the reason it is shut down is because the president is trying to act. >> turned on your television me will come back to you. on the democratic line mark is with us. >> it is all trumps all he wants to shut it down it is on

him. >> thank you for the call. las vegas nevada. >> it seems to be a big game between schumer and president trump. if you look at 5 billion of funding versus the entire 4 trillion-dollar budget i believe that is.001 percent of the entire budget. so it is disappointing. >> so you think they just should have gone ahead crack. >> absolutely. it is just out of spite when you look in the past of the democrats how they want wall funding but now because it is trumps idea it is a no go. it is petty politics democratic or republican side

it is something that should not take place. >> independent line and others. >> the democrats and the republicans personally i do think trump does have a few points and schumer is just trying to be tough against trump personally. i think there are bigger issues to behind the scenes but personally i think if you're going to give the average american something then the politicians that are governing as should get the same thing so there is no

hostility or the question is yes i think it should be shut down but the politicians that govern them - - that govern us and they should be shut down we are tired of the hypocrisy of the double standard so this message need to be seen and check schumer needs to go rest his neck. >> so with a partial government shutdown 75 percent of government spending was already approved ahead of the deadline to the next fiscal year so that 25 percent remaining includes a number of agencies each with his own plan how to handle the

shutdown but this set down on - - the senate already passed with unanimous consent back pay for federal workers who are off on monday and tuesday for the holiday. going on to texas and the republican line. >> good evening. if trump needs to shut down the government, shut it down. all government employees will be affected and will be getting a lawn paid vacation. some people remember lady bird johnson who said keep texas beautiful but if you could see the trash these illegals are leaving behind it is an environmental disaster those that claim to be the environmentalist if they cared if those who were worried about wildlife they need to be worried because we have problems they are not trying

to ask permission to enter this country they are breaking into our country. the government has heard us by electing donald trump this is been going on since ted kennedy and nothing has ever been done george bush tried i am angry and i am mad and i will tell you the republicans are just as much to blame because they did not do a thing shut it down trump i am on your side. >> just one more thing it sounds like in texas you have a close view are you close to the border crack.

>> anybody in texas is close to the border because they funnel three ways through the highways in the back roads and they will come into laredo and they will split off to go to san antonio or sanctuary cities houston and trust me right now you will not go to those cities unless you are concealed carry gun owner. >> we have eric on the line. >>caller: thank you and merry christmas to everyone in america. i just want to say that just got off the line i would like to vote for her. whoever she is she is fantastic i agree with everything she said.

i am from illinois. we love our state but unfortunately let the liberals have done is very sad. i am for president trump and my life is a - - my wife is as well he made a campaign promise we will build this wall. if somebody makes a promise if your relative makes a promise to you, you depend on that and trust them to keep the promise i am behind him we need this wall because there are problems coming up from mexico that we have to stop for our children and grandchildren's future. let's do it i don't trust the democrats i hope the republicans get behind our president to have a better nation and merry christmas. >> we appreciate your call.

so the government will shut down in a couple of hours tweeting earlier that the question at this point isn't if there is a shutdown but as they try to have the elusive deal we are taking your calls in the meantime from the independent line. >> im with president trump on this the democrats don't want to work with our president. i am 82 years old and never in my life have i seen anybody treated any worse than our president. i think he is doing a really good job if you have to shut it down then shut it down he's not getting any support from the democrats.

>> i voted for donald trump and with the same old thing since the seventies since those babies were citizenship that never even should've happened but this government shutdown is a crock and it always has been democrats and republicans both do it donald trump has shown the american people that these politicians do not know what they are doing to this country. he's trying to fix this country they don't want nothing to do with it because he is right everybody keep

scraping but if they would step up and help him instead of creating problems he would not have to use retired generals that do not belong on his staff they do not need to be in these positions but this government shutdown you can blame both parties for being childish that is all it is they act like a bunch of three -year-olds if it was me i would send them pacifiers and diapers making them stay until they get it fixed do a budget and stick to it they get money every day and every hour. >> we need to get a couple more out on - - collars in. go ahead.

>> how are you? so what i see is how much support the president does have in this country. they want to act like he doesn't have a base i was not a trump supporter in the beginning but i am now. think you democrats. >> senator shelby says republicans made the overture a couple of hours ago including all seven spending bills again the house is expecting tomorrow noon eastern we are taking your phone calls a couple of hours ahead of the third shutdown of 2181 more call from oregon a republican. >>caller: hello. merry christmas.

basically trump is to the point nobody wants to believe what he has to say that i will build a wall and i want to be behind that because yes we get the influx let's call them migrants that is what they are i can see with my sister's there is more on the illegals than the nationals i am frustrated and i want to know

what your take is. >> good luck also to your sisters and oregon we will hear from the house tomorrow to nan on c-span as the senate continues its work to come up with a spending agreement with the government shutdown a couple hours away and unavoidable at this point because how legislation has to go through the senate and the house we will have the phone lines open tomorrow morning and looking back at remarks from the senate earlier today. >> azor 47 nazar 47 the senate being equally divided the vice president votes to lay before the house the following

message. >> to agree to the amendment of the senate to the amendment of the senate to the bill hr 695 and act child protection act with the amendment. >> it is clear for the pending legislation with disaster relief and border security. with the republican conference with the reasonable request at the southern border. and then to complete the remaining appropriation bills however since any solution

requires 60 votes in the senate is clear from the beginning that two things are necessary and as a result the senate has proceeded in order to preserve maximum flexibility for a productive conversation between the white house and our democratic colleagues. s i hope senate democrats work with the white house to pass both houses of congress and receive the presidents signature so when the agreement is reached it will receive a a vote here on the senate floor i moved to concur

with the house amendment to the senate amendment to the house amendment. [laughter]5 the motion is pending. >> mister president as we said to president trump one week ago he does not have 60 votes let alone 50. that much is clear. democrats have offered three proposals to keep the government open including a proposal offered by leader mcconnell that passed unanimously a few days ago. we are willing to continue discussions with the leader and the president and the leader of the house all five are necessary to get something done. i yield the floor.

>> mister president i want to thank the two leaders for what they have done today and they may not understand what just happened if they just tuned in but the understanding senator flake and johnson o and others we are not voting on anything else in this chamber relative to this issue with - - until a global agreement has been reached not a test mode or a tabling vote the vice president over here negotiating is pushing this ahead to the negotiation that yields the result that is the best we can do to keep from shutting down government or

shut it down very briefly thank you to the both leaders to go forth in this manner to allow us to move forward in a positive way to keep negotiations alive only a bill can pass this chamber with all the agreements thank you for going forward in this manner. >> the senator from arizona. >> the senator from tennessee and alabama and others who have worked to ensure that the next vote that we have in this chamber is on the agreement not a test vote or cloture votes but what i wanted to do is to demonstrate not all republicans are for the house bill either. there is no path forward for the house bill.

the only path forward is to a bill that has an agreement between thehe president and both houses of congress and the next time we vote is the agreement not another test vote so with that i yield back. >> the senator for delaware and senator coons be recognized? >> is their objection? >> thank you to the leaders for their discussions and the vice president with his presence here today it should not be part of negotiations as a shutdown as nuclear should be part of thee warfare but to make it run for taxpayers not to shut it down some i hope is this puts us on t a path to recognize the presidents

desire and then we can if finish the appropriationsw process but now what was described in a very famous movie that jimmy stewart played mister smith goes to washington democracies mina show the right to talk your head off with the filibuster and unless somebody says senator alexander you just announced you will not run for reelection in twoo year years, see will change your tune i am not changing my tune is a - - i ask consent to include in theag record that the heritage foundation about the tradition of the legislative filibuster the best known part of the united states senate. and i would like to tell a story mister vice president in

from utah came here he was conservative and didn't know what he could not do so he took on the democratic establishment on their most important issue warren hatch one - - orrin hatch r who is retiring this year was the longest running senator decided to challenge nithe democratic leadership who wanted to pass the major objective of the time to change that relationship for years to come there was 62 republican senators more than enough to pass a bill so if not young and new maybe he

wouldn't even try this but he did but he won with 1200 amendments the distinguished member of the senate bird tried six times to cut off debate we call that culture and he did not get 60 votes six different times t he tried to cut that off so the end result was with the minority view at that time to prevail against the democratic president and a democratic househe and the democratic senate that had happened beforeet dirksen was the republicanan leader of the senate sitting right over there he had even fewer republican senators when orrin hatch did his work 1978 there

were 38 and he had fewer than that lyndon johnson and the american labor movement decided in effect to make it illegal for any state to have a right to work law. that that they wanted to do they thought they could do it except the legislative filibuster was in place. at that time it took 67 votes he could defeat a measure with the overwhelming majority so now why do i tell this story? the shoe was on the other foot meter the president say get rid of the filibuster and legislative majority and do it our way. we should not do that. we have never done that in the united states senate may say that's the whole reason i came from the th house so every time

the majority got an idea one of those major purposes of the filibuster is to protect the minority in this country alexis de tocqueville wrote a book democracy of america may be the best book of democracy of america ever written and looking into potential problems and one was russia and the other was the tyranny of the majority and said in the 18 thirties one of the great problems for our country is the tyranny of the majority the united states senate is the bulwark to prevent the

tyranny of the american democracy and has been from the beginning and it is today. summer friend say get rid of it we may think about the fact that we republicans or conservatives are in the minority. since world war ii, nearly 70 years democrats have had complete control of government with the senate, the house for 22 years republicans have had it eight years. democrats have had control 22 years. democracies finest hour the opportunity for extended debateef they could save more than our side so why do we try

to change it? we weren't. in 1995 after the big republican w sweep, one of us is in charge then they get tiredre of us and put the other in charge. the democratic senator said get rid of the legislative filibuster every single republican even while they were in completely in charge voted no because the essence is the right to extend debate the right to talk our heads off america's finest hour and we will vote when we think we are ready it used to be 67 now it's 60 used to go on forever and c president wilson used to get mad and said wait tell 67.

and then we will change that and now it is 60. some of the most eloquent defense of the legislative filibuster came from the late senator byrd in his last speech he made in the rules hacommittee he said the legislative filibuster is the necessary defense against the excesses of the popular well - - will and the excesses of the executive. it is a necessary defense and we should keep it. this fractured nation needs a consensusbuilding institution and requiring 60 votes to pass major legislation that forces us to come to gather.

we worked on the legislation to fix no child left behind. g everybody has an opinion everybody's an expert on education but finally we got 85 votes. do you know what? we made some big changes and people accepted it and now those public schools don't have to worry about the education policy because we talked about it until we came to a conclusion and accepted it. one example of the other way to do it is obama care eight years ago democrats have the majority's all democrats voted for it all republicans voted against it and what happened we have been trying to repeal it ever since wet but a constant state of education and debate.

madam president the tradition has been different for nominations sometimes people get confused about that. legislative filibuster is one thing but nominations are another until recently they have alwaysy been decided by a majority vote. they could have been decided by 60 votes but they weren't at least since a century ago i'm not interested at this time to assign blame to the democrats or republicans or what has happened with nominations. but the fact is that even though a senator could've required 60 votes the cabinet member required to be confirmed by more than 51 but a federal district church had to get the votes they're never had to be a supreme court

justice with the exception of another i see the majority leader i would be happy to suspend. >> iic am suspecting you'll make this point in a moment but if there were ever a stressful moment for the tradition even though it was not possible to filibuster the executive calendar, it was not done would you agree that was the clarence thomas nomination for the supreme court quick. >> i would agree on that. i would. we could get into a lively dispute among us who shot whose back who is the fault over the democrats in 2003 who began for the first time to require 60 votes for circuit judges are the republicans who stopped a couple of obama's judges the fact of the matter

is. i believe that i know for a fact that most of us believe we should keep the legislative filibuster. how? because senator collins and senator coons who will speak following, offered into the record in 2017 from 29 republicans and 32 democrats is that we are mindful of the legislative process we steadfastly are committed to ensure the constitution continues to serve the deliberative body therefore we are asking you to join us to oppose any effort to curtail any existing rights or prerogatives for full robust debate as we consider legislation before this body in the future. madamef president that is 61

senators. on record about the legislative filibuster. one reason the filibuster will stay is because they are not supposed to change it. so let me offer a better reason not to change it. and reason why we should change it in the right way. we have rules in this body to change a standing rule it takes at least 60 votes to get cloture it has been proposed on both sides which is the nuclear option which is a parliamentarian one - - maneuver to change the rule

without getting 60 votes. this is a country that prizes the rule of law i have heard president trump say that i've heard president obama say that i have heard most of us say that. if and i would ask if we don't follow our own rules why would we expect the american people to follow the rules that we write? we are the main rule writing organization of the united states of america we ought to follow our own rules. when we didn't and use the nuclear option in 2013 the democratic senator who was greatly respected said the senate that does not listen to the majority can always change the rules without any rules that they can change the rules without following the rules is a football game where the

footballn game where the team can go 9 yards for the first down or three-point shot but if a need for they counted 44. that's not the rule of law.re make these remarks i hope the senator from delaware is still here. just to remind the country and members of the senate that 61 of us have already signed a letter that the legislative filibuster the right to extend debate and the opportunity to talk your headefse off in defene of what you want, the ability of this body to function as a bulwark against the tyranny of the majority and in this fractured country as an institution to produce consensus lasting and accepted

by most people is the most viable part whether we are in the majority or the minority and we ought to make that clear. and if we ever do decide we want to talk about it and change it we should follow the rules. we have rules it takes at least 60 votes to change a standing rule. i want to put a stop to this talk about breaking the rules to change the rules of the senate. i will not vote to turn the sun into a rule breaking institution and if that opportunity ever arises that my colleagues will vote the same way a 61 of them did as senator collins and senator coons had done earlier adam president i yield the floo floor. >> the senator from delaware is recognized for michael's remarks just concluded from

tennessee help to make it clear why so many of us do not look forward to his departure at the end of the upcoming congress to his retirement we are so grateful for his measured leadership and his balance we are reminded of the best of our history what the senate stands for in the role we play briefly i will say thank you for your remarks and the presiding officer for her hard work to make sure this letter was presented to the leaders of both caucuses with 61 signatures we could have gotten more but on that day we thought it was important to get on the record with individual senators saying we are committed to not change the rules of the senate regarding legislation i am chcommitted to never voting to change the legislative filibuster and i willfr conclude

by saying to my colleague from tennessee that there is important work for us to do to strengthen our role of those numbers that gave speeches on the floor to talk about the ways in which we do not listen to each other we do not obey or work across the aisle. if we play the role for which the founders intended we must do more, not less. the agreement just reached here will allow us to nggotiate in good faith of the impending shutdown of the standoff between the white house and the house and the senate that the example we want to point to to work out that resolution to skip dozens of test votes. this body has a critical role to play rule of law is at the

very foundation we are at a moment in history where many question the stability of our commitment nobody will play a more important role to reassure our markets our society or the world the deliberative respectful resolution through debate and vote through those elected representatives is the best system for the governance of societies no better proof can be given them by this body and his disciplined and reasonable and appropriate way the rules of the senate i will not vote and i suggest your signature also reinforces you and many others will not voteo