Eleanor Finch
The US Senate has a unique tradition of unlimited debate, called the filibuster, which allows senators to prolong discussions and delay or prevent a vote on a bill, resolution, or amendment. The filibuster has been criticised for being used as a partisan weapon of obstruction, with some calling for its reform or elimination. While the filibuster has been a key component of the Senate's role in the American political system, its use has increased dramatically in recent years, slowing down the legislative process and entangling the chamber in procedural hurdles. The question of whether the filibuster is constitutional is a matter of debate, with some legal scholars arguing that it may not be, citing the US Constitution's quorum requirement for a majority to conduct business.
| Characteristics | Values |
|---|---|
| Unique tradition of unlimited debate | Filibuster |
| Year of the first attempt to rein in unlimited debate | 1917 |
| Year of the first cloture vote | 1919 |
| Number of votes in the first cloture | 78-16 |
| Year of the change in the number of votes required for cloture | 1975 |
| Minimum number of votes required to pass a law | 60 |
| Year of the change in the Senate rules to enable the confirmation of executive branch positions | 2013 |
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What You'll Learn
The filibuster: a tool to delay or prevent a vote
The filibuster is a distinctive feature of the US Senate, where it has been used as a tool to delay or prevent a vote on a piece of legislation. It is a form of extended debate, where a senator or a minority group of senators can use time-consuming tactics to delay, modify or defeat proposed legislation. This can be done by refusing to yield the floor, and holding the floor by standing and talking for long periods, sometimes overnight.
The filibuster has been a long-standing tradition in the Senate, but its use has escalated in recent years, causing dysfunction and slowing down the legislative process. It has been used to block civil rights legislation and reform bills, and its critics argue that it impedes the expansion of American democracy and the rights of voters. The filibuster has effectively created a supermajority requirement of 60 votes to pass legislation, which is significantly more than the simple majority of 51 votes that would otherwise be needed.
In 1917, the Senate introduced Rule XXII, or the cloture rule, which allowed for a way to break a filibuster with a two-thirds majority. This was reduced in 1975 to 60 votes, which is still the minimum required to pass a law. There have been some exemptions to the filibuster rule, including for presidential appointments, and for Congress's annual budget reconciliation process, which requires only a simple majority.
Despite these changes, the filibuster remains a powerful tool for senators to prevent or delay a vote, and it continues to shape the legislative process in the US Senate.
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The cloture rule: a way to end a filibuster
The filibuster is a tactic used in the United States Senate to delay or block a vote on a measure by preventing debate on it from ending. Senators are entitled to speak for as long as they wish, and a minority of senators can block a measure even if it has the support of a simple majority.
The cloture rule (Rule 22) was adopted in 1917 to end unlimited debate. It allows the Senate to vote to limit debate by invoking cloture on the pending question. The first cloture vote occurred in 1919 to end debate on the Treaty of Versailles. While cloture was invoked, the treaty was ultimately rejected.
In most cases, invoking cloture requires a majority of three-fifths of the senators (60 votes if there is no more than one vacancy). Even once cloture has been invoked, debate can often continue for a further 30 hours, and most major bills are subject to multiple filibusters before the Senate can vote on passage.
In 1949, the cloture rule was amended to allow cloture to be filed on "any measure, motion, or other matter pending before the Senate, or the unfinished business". At the same time, the Senate made invoking cloture more difficult by requiring two-thirds of the senators to vote in favour of a cloture motion. Since then, there have been further efforts to curtail the use of the filibuster, including reducing the threshold for cloture on nominations to a simple majority.
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The Senate's unique role in US politics
The US Senate is unique among legislative assemblies worldwide due to its tradition of unlimited debate, known as the filibuster. This tactic allows a single senator or a minority group to delay, modify, or block proposed legislation by prolonging discussions. The Senate's ability to filibuster is so ingrained that it was only curbed in 1917 with the adoption of a cloture rule (Rule 22), requiring a two-thirds majority to end debate.
The Senate's role in US politics is distinct in several other ways. Firstly, senators are elected to represent their states and constituents at the US Capitol, making their primary allegiance to their state. Elections to the Senate occur biennially, in even-numbered years, coinciding with House of Representatives and US presidential elections. Senators also have the power to confirm or reject executive appointments, from federal agency directors to Supreme Court nominees, through their Advice and Consent Powers.
The Senate also stands out for its stronger norms of conduct for members and its role in checking and balancing the powers of other branches of the federal government. It requires Senate approval to pass any federal legislation, and it uses committees and subcommittees to review bills and oversee the executive branch.
Additionally, the Senate has been described as counter-majoritarian, with political scientist Robert Dahl critiquing it as "the most extreme violation of the democratic idea of political equality among citizens" due to its unequal representation. The "majority party" in the Senate is determined by a simple majority or, in the case of ties, by the vice president's affiliation.
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The filibuster's impact on Senate's reputation
The filibuster has had a significant impact on the reputation of the Senate. This unique tradition of unlimited debate allows a senator or a minority group of senators to delay, modify or defeat proposed legislation. While it was initially reserved for only the most controversial issues, its use has escalated in recent years, often bringing Senate business to a standstill.
The filibuster has been criticised for undermining the Senate's reputation as a governing body and its ability to build consensus. The threat of a filibuster can silence debate and discourage senators from working towards compromise. As a result, the Senate's reputation as a consensus-building chamber is diminished. The filibuster also magnifies the problem of representation in the Senate, where each state, regardless of population size, is represented by two senators. This means a small group of senators can use the filibuster to block bills with broad public support, threatening the checks and balances between the government branches.
The filibuster has had a troubling legacy, often being used to block civil rights legislation and legislation intended to address racial discrimination. For example, in 1837, a group of Whig senators filibustered to prevent allies of President Andrew Jackson from expunging a resolution of censure against him. In 1993, the Clinton health care plan was unable to pass due to the filibuster. More recently, the filibuster may have determined the fate of the For the People Act, a comprehensive democracy reform bill.
While there have been attempts to curtail the use of the filibuster, such as the cloture rule (Rule 22) in 1917, which allowed a two-thirds majority to end a filibuster, and subsequent reductions in the number of votes required for cloture, the filibuster continues to impact the Senate's reputation and ability to pass legislation.
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Constitutionality of the filibuster: Article I, Section 5
The filibuster is a legislative tool unique to the Senate used to delay or prevent a vote on a bill, usually by extending debate indefinitely. The US Senate is almost unique among legislative assemblies in having a tradition of unlimited debate, which can be traced back to 1805 when Vice President Aaron Burr argued against a rule that allowed debate to be cut off with a simple majority. In 1806, the Senate stopped using this rule, inadvertently granting senators the right to unlimited debate.
The filibuster has been criticised for undermining the Senate's effectiveness as a governing body and for stifling bipartisanship, deliberation, and public debate. In recent years, its use has increased dramatically, with over half of the 2000 filibusters since 1917 taking place in the last 12 years. This has contributed to gridlock in the Senate, with critics arguing that it slows down the legislative process and prevents the passage of bills with broad public support.
Some legal scholars argue that the filibuster may not be constitutional, citing Article I, Section 5 of the US Constitution, which states that "a majority of each House shall constitute a quorum to do business". This interpretation suggests that the filibuster, which allows a minority of senators to block legislation, is at odds with the constitutional requirement for a simple majority to conduct business.
Calls for eliminating or reforming the filibuster have grown, particularly given its historical role in perpetuating discriminatory laws and blocking civil rights legislation. One proposed reform is the "talking filibuster", which would require the minority party to maintain a continuous floor presence and actively debate their opposition, making it more challenging to block legislation. Another option is the "nuclear option", where the Senate majority leader uses a non-debatable motion to bring a bill to a vote with a simple majority.
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Frequently asked questions
No, the US Constitution does not guarantee unlimited debate in the Senate. The filibuster, a legislative tool unique to the Senate, allows for unlimited debate to delay or prevent a vote on a bill.
The filibuster is a tactic used by one Senator or a minority of Senators to delay, modify, or defeat proposed legislation through extended debate. The term, derived from Dutch and Spanish words for pirates raiding Caribbean islands, began appearing in American legislative debates in the 1850s.
A filibuster can be stopped by invoking cloture, which requires a two-thirds majority in the Senate. In 1975, the number of votes required for cloture was reduced from two-thirds of senators present and voting to 60 votes in the 100-member Senate.
Critics argue that the filibuster has been abused as a partisan weapon of obstruction, stifling bipartisanship, deliberation, and public debate. It has also been criticised for undermining the Senate's reputation as a consensus-building chamber and for magnifying problems of representation in the Senate.
