Filibuster in the United States Senate

rdf:langString Filibuster in the United States Senate

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rdf:langString Cloture voting in the United States Senate since 1917

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rdf:langString A filibuster is a tactic used in the U.S. Senate to delay or block a vote on a measure by preventing debate on it from ending. The Senate's rules place few restrictions on debate; in general, if no other senator is speaking, a senator who seeks recognition is entitled to speak for as long as they wish. Only when debate concludes can the measure be put to a vote. Rule XXII of the Standing Rules of the Senate allows the Senate to vote to limit debate by invoking cloture on the pending question. In most cases, however, this requires a majority of three-fifths of senators duly chosen and sworn, so a minority of senators can block a measure, even if it has the support of a simple majority. Originally, the Senate's rules did not provide for a procedure for the Senate to vote to end debate on a question so that it could be voted on. The minority could therefore extend debate on a bill indefinitely by holding the floor of the Senate, preventing the bill from coming to a vote. Throughout the 19th century, senators attempted to introduce the hour rule and the previous question (both of which are used in the United States House of Representatives to limit debate), but these attempts were unsuccessful. Finally, in 1917, at the urging of President Woodrow Wilson, in response to a filibuster of the Armed Ship Bill, the Senate adopted a rule allowing for cloture of a debate. Initially, this required a majority of two-thirds of senators present and voting. Between 1949 and 1959, the threshold for cloture was two-thirds of senators duly chosen and sworn. In 1975, this threshold was reduced to three-fifths of senators duly chosen and sworn (60 votes if there is no more than one vacancy). Even once cloture has been invoked, in most cases debate can continue for a further 30 hours, and most bills are subject to two or three filibusters before the Senate can vote on passage of it (first on a motion to proceed to the consideration of the bill, then potentially on a substitute amendment to the bill, and finally on the bill itself). Even bills supported by 60 or more senators (as well as nominations) may therefore be delayed by a filibuster. A filibuster can also be conducted through the use of other dilatory measures, such as proposing dilatory amendments. In the 1970s, following the filibuster of several civil rights bills, the Senate adopted a "two-track" system, which was intended in part as a progressive reform to prevent filibusters from completely blocking Senate business. Since then, however, a measure could be delayed simply by a senator placing a hold on it; in this case, the leadership will generally not attempt to advance the measure unless cloture is invoked on it (usually by a 60-vote majority). For example, as a courtesy to senators who have holds on a bill, senators generally suggest the absence of a quorum after they finish their speeches, which has the effect of preventing the presiding officer from putting the pending question to the Senate even though no senator seeks recognition. Thus, in practice, most bills cannot pass the Senate without the support of at least 60 senators. In 2013, the Senate overturned a ruling of the chair to set a precedent that only a simple majority is needed to invoke cloture on nominations other than those to the Supreme Court of the United States. In 2017, the Senate overturned a ruling of the chair to set a precedent that this also applies to nominations to the Supreme Court. These changes were made by using the nuclear option, which allows the Senate to override its Standing Rules (such as the 60-vote cloture threshold) by a simple majority, even though under the regular order, a two-thirds majority of senators present and voting would be needed to invoke cloture on a resolution amending the Standing Rules. Since then, nominations can be confirmed without the support of 60 senators. Moreover, a number of rulemaking statutes have been enacted to limit the scope of the filibuster by imposing an automatic time limit on Senate debate of certain questions. These include the Congressional Budget and Impoundment Control Act of 1974 (which created the budget reconciliation process), the Congressional Review Act and the War Powers Resolution. Since debate on these measures ends without cloture being invoked, they are not subject to the 60-vote threshold.