In brief: The filibuster is a procedural weapon used to block legislation in the Senate. Thanks to the 1939 classic, Mr. Smith Goes to Washington with Jimmy Stewart, it is associated with holding the floor of the Senate and talking for however long it takes to delay legislation. But actually, "a member doesn’t need to speak on the floor in a filibuster to block a vote from happening," according to the U.S. Constitution Center. "The filibuster can even be done by email." If a senator says he or she will use the filibuster, the other side must get 60 votes for cloture, or to end the filibuster.
The filibuster: The root of the word filibuster translates as “freebooter,” according to Merriam-Webster.com. (The website reports an increase of 2,657 percent in the number of look-ups of the word filibuster on Monday.)
One of the word's definitions in Webster's New Collegiate Dictionary is “an American engaged in fomenting insurrections in Latin America in the mid 19th century.” But another definition is “the use of extreme dilatory tactics in an attempt to delay or prevent action, especially in a legislative assembly.”
The history: In a legislative rule book dating to 1789, both the House and Senate allowed a simple majority to cut off debate, writes Sarah A. Binder, senior fellow in governance studies, in an article on the Brookings Institution website. That is still the case in the House. But the Senate eliminated the rule in 1806 upon the advice of Aaron Burr, the vice president known for killing Alexander Hamilton. Burr thought the rule was unneeded.
Eliminating the rule made a filibuster possible, but for a time, it didn’t happen, according to Binder: “It took several decades until the minority exploited the lax limits on debate, leading to the first real-live filibuster in 1837.” Soon after, in the middle of the 19th century, the Senate became more polarized.
Senate leaders attempted, without success, to ban filibusters.
The Great War and cloture: A filibuster can slow or stop legislation which is good -- or bad, depending on your point of view. In 1917, Woodrow Wilson was beginning his second term as president. He had campaigned on the slogan, “he kept us out of war,” but increasingly, Wilson knew the U.S. could not avoid involvement. With Germany using U-boats to attack merchant ships, Wilson asked Congress to allow him to arm the ships with naval personnel and equipment, according to the U.S. State Department’s Office of the Historian website.
“Several anti-war senators led a successful filibuster that consumed the remainder of the congressional session,” the State Department website recounts. Using an executive order, however, Wilson went around them and armed the ships anyhow.
Afterward, Wilson demanded that the Senate adopt a “cloture” rule. Cloture is defined by Webster’s as “the closing or limitation of debate in a legislative body, especially by calling for a vote.” Today that rule requires the approval of three-fifths of the senators to end a filibuster. Under the cloture rule -- known as rule 22 -- the Senate can limit "consideration of a pending matter to 30 additional hours of debate," according to the Senate's website.
Pressing the button: The nuclear option has been used before -- by Democrats. In 2013, the Senate, then controlled by Democrats, decided that "invoking cloture on presidential nominations to positions other than the Supreme Court of the United States requires a vote of a majority of Senators present and voting, or 51 votes if all 100 Senators vote," according to the Congressional Research Service.
Why the word "nuclear" is used: Changing the rules may seem like a fast and easy solution, but Republican senators know that they will not always hold power. In U.S. politics, the pendulum swings both right and left. When Republicans again become a minority, they may regret having lost the filibuster -- a powerful instrument.To know more:
Related:
Library of Congress marks World War I entry
Congress: Were things ever any better?
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