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Understand The Procedures Filibuster

Understand The Procedures Filibuster

Introduction

The filibuster is one of the most famous and controversial procedures in the United States Senate. It allows a senator, or group of senators, to speak for an extended period of time in order to delay or block legislative action. In this article, we will explore the filibuster process in detail, including its history, rules, and controversies.

History of the Filibuster

The filibuster has been part of Senate debate since its inception in 1789. Originally, a senator could speak for as long as they wanted, which could lead to endless debate and the delay or defeat of legislation. In the mid-1800s, the Senate introduced a rule allowing senators to move for “cloture,” or the end of debate, but this cloture required a two-thirds majority – a high threshold that was difficult to achieve.
In 1975, the Senate reduced the cloture threshold to three-fifths of the Senate (60 votes), where it remains today.

Rules of the Filibuster

To filibuster, a senator or group of senators must hold the Senate floor and speak continuously, which means they cannot sit, rest, or leave the chamber. They must speak about the topic at hand, and cannot engage in personal attacks or irrelevant matters.
In order to end debate and bring a vote to the Senate floor, a cloture motion must be filed and passed by at least 60 senators. Once cloture is invoked, debate is limited to 30 hours, after which a final vote is taken.

Controversies of the Filibuster

The filibuster has been used for both noble and nefarious purposes throughout its history. Some argue that it is a critical tool for preserving minority rights and ensuring that all voices are heard, while others claim it has been used to obstruct progress and prevent important legislation from passing.
In recent years, the filibuster has become increasingly controversial. For example, in 2010, Senate Republicans filibustered a record number of bills during the Obama administration, leading some to question whether the filibuster was being used to block legislation regardless of its merits.

Conclusion

The filibuster is a complex and controversial process that has played an important role in the history of the United States Senate. Understanding the filibuster requires an understanding of its history, rules, and controversies, as well as an appreciation for the sometimes-competing goals of preserving minority rights and ensuring effective governance.

The United States Congress has various types of legislative procedures that occur on a day-to-day basis. The United States Senate has a specific process regarding the passage of bills. A filibuster is a tactic employed by Senators in an attempt to prevent a particular measure from being subjected to chamber vote.

This process can take on many forms, but usually involves an obstructive action that is dilatory in nature. Many tactics exist, but the most common one involves when a Senator tries to delay or prevent a vote on a bill to occur.

A Senator will extend the debate on the measure and is permitted to do so by Senate rules. A filibuster will typically involve a Senator speaking on a topic of his/her choice for an extended period of time. A filibuster may be stopped only through a three-fifths voice of the chamber, which is known as cloture.

The filibuster has its origins dating back to 1789 when the first United Congress would convene. The Senate was drafting its particular rules and regulations regarding its legislative procedures. Originally, there were provisions regarding the proper way to end a debate in the Senate which would bring a matter to a vote. However, the legislation was considered to be unnecessary and was removed. Essentially, this would create the possibility for a filibuster to occur. However, it would not be until 1837 in which the first filibuster would occur.

Since then many filibusters have occurred in the United States Congress. However, it is important to note that the actual threat of the filibuster will often be enough to create for a certain motion to occur. Arguably the most famous and notable filibuster to occur in United States Congress history was in respect to the passing of the Civil Rights Act of 1964. Many southern Democratic Senators enacted filibuster that was not successful in blocking the passage of the bill.

The filibuster itself would last for a total of 75 hours. Robert Byrd alone undertook an address in the Senate during the filibuster that lasted over fourteen hours. Various filibusters that occurred in the 1960s due to civil rights bills allowed for the creation of a tracking system. This allows for the Senate Majority LeaderMinority Leader