There is no such thing as a "filibuster-proof majority"
In his State of the Union address to Congress last week, President Barack Obama asked the U.S. Senate to amend or abolish its filibuster rules to break the Congressional gridlock. Don’t hold your breath. Neither party wants to change those rules because they always benefit the minority party, and each party will have its turn in that position.
You won’t find filibusters in the U.S. Constitution, but they are constitutional. Article I, Section 5, Clause 2 authorizes the House and Senate to make their own operating rules. Senate rules permit filibusters on the bills it considers. House of Representatives rules do not permit filibusters. The term first appeared in politics in the 1850s.
Senate rules permit unlimited debate on all bills, motions, amendments, and resolutions. Votes can only occur when all senators are finished speaking. A filibuster is an obstructionist tactic that avoids a floor vote on a bill. Although they are usually planned, any senator can begin a filibuster on any topic at any time. That prevents a vote, and thus stops the bill’s passage.
In the past, senators have used filibusters to prevent votes on the Treaty of Versailles (which ended World War I) and some economic and social legislation during the Depression. The late Sen. Strom Thurmond, R-SC, holds the record for a solo filibuster of 24 hours and 18 minutes. He unsuccessfully tried to block passage of the Civil Rights Act of 1957. Southern senators staged a 57-day filibuster against the Civil Rights Act of 1964. They lost that one, too. Senate liberals used a filibuster to resist passage of the capital gains tax cut in 1991.
In 1917, the Senate changed its rules to allow “cloture”, which is the term for ending a filibuster and voting on the bill before them. At that time, they required 67 votes to pass a cloture motion. They changed the rule to 60 votes in 1975. Any senator can make a cloture motion. If the motion gets at least 60 votes, debate ends and the “up or down” vote on passing the bill begins. If the motion fails, the filibuster continues and there won’t be a vote on the bill.
When Al Franken challenged incumbent Norm Coleman for his U.S. Senate seat from Minnesota in 2008, the election was so very close that the results were unknown until June 30, 2009. That gave the Democrats 60 Senate seats. The media immediately began crowing about the Democrats’ new “filibuster-proof majority”. That sounds good on the evening news but, in real life, there is no such thing.
Cloture motions usually fail because it’s difficult to get the 60 votes necessary to approve them. No matter how many senators are in your party, each senator still makes her or his own decision. While most Members of Congress usually vote with their parties, they are never required to do so. Depending on the issue, there are usually a few who cross party lines in each direction. So the “majority” changes on any given topic, and Democrats are known for their lack of party discipline. It’s often said that organizing Democrats is like herding cats. So if you can’t depend on the votes, then your majority is not “filibuster proof”.
Today, there are 51 Democrats, 47 Republicans, and 2 independents in the senate. The independents allegedly caucus with the Democrats, usually giving them a 53-47 majority. Since Republicans are much better at controlling their members, their filibusters are much more reliable. Thus, the Republicans can obstruct all efforts to pass anything in the senate. And they make full use of that power.
Under past rules, the filibustering senators would take turns endlessly debating the bill before them. They were trying to change their colleagues’ minds on the subject, or annoy them to the point where they decided to drop the bill altogether. You might remember Jimmy Stewart’s famous filibuster scene from the movie Mr. Smith Goes to Washington.
Current rules don’t require that monumental effort and now permit “silent” and secret filibusters. Senators merely have to announce a filibuster. They never actually have to stand on the Senate floor and explain why they oppose the bill, or suggest alternative actions, or anything else. They can just block any bill any time they feel like it. And Republican senators feel like it a lot. That’s why Congress can’t get anything done.
Senate Republicans have been filibustering everything since Democrats took the majority in 2006. They have obstructed all of President Obama’s efforts by to repair the CheneyBush administration’s damage. For the past thirty years, the problem with Congress has been that the Republicans have no morals and the Democrats have no spine.
Filibuster rules do need to change, but it won’t happen without massive public pressure.
For more information:U.S. Senate Rules
Filibusters and Cloture in the Senate: Congressional Research Service
Why Congress Can’t Get Anything Done
United States Constitution
In his State of the Union address to Congress last week, President Barack Obama asked the U.S. Senate to amend or abolish its filibuster rules to break the Congressional gridlock. Don’t hold your breath. Neither party wants to change those rules because they always benefit the minority party, and each party will have its turn in that position.
You won’t find filibusters in the U.S. Constitution, but they are constitutional. Article I, Section 5, Clause 2 authorizes the House and Senate to make their own operating rules. Senate rules permit filibusters on the bills it considers. House of Representatives rules do not permit filibusters. The term first appeared in politics in the 1850s.
Senate rules permit unlimited debate on all bills, motions, amendments, and resolutions. Votes can only occur when all senators are finished speaking. A filibuster is an obstructionist tactic that avoids a floor vote on a bill. Although they are usually planned, any senator can begin a filibuster on any topic at any time. That prevents a vote, and thus stops the bill’s passage.
In the past, senators have used filibusters to prevent votes on the Treaty of Versailles (which ended World War I) and some economic and social legislation during the Depression. The late Sen. Strom Thurmond, R-SC, holds the record for a solo filibuster of 24 hours and 18 minutes. He unsuccessfully tried to block passage of the Civil Rights Act of 1957. Southern senators staged a 57-day filibuster against the Civil Rights Act of 1964. They lost that one, too. Senate liberals used a filibuster to resist passage of the capital gains tax cut in 1991.
In 1917, the Senate changed its rules to allow “cloture”, which is the term for ending a filibuster and voting on the bill before them. At that time, they required 67 votes to pass a cloture motion. They changed the rule to 60 votes in 1975. Any senator can make a cloture motion. If the motion gets at least 60 votes, debate ends and the “up or down” vote on passing the bill begins. If the motion fails, the filibuster continues and there won’t be a vote on the bill.
When Al Franken challenged incumbent Norm Coleman for his U.S. Senate seat from Minnesota in 2008, the election was so very close that the results were unknown until June 30, 2009. That gave the Democrats 60 Senate seats. The media immediately began crowing about the Democrats’ new “filibuster-proof majority”. That sounds good on the evening news but, in real life, there is no such thing.
Cloture motions usually fail because it’s difficult to get the 60 votes necessary to approve them. No matter how many senators are in your party, each senator still makes her or his own decision. While most Members of Congress usually vote with their parties, they are never required to do so. Depending on the issue, there are usually a few who cross party lines in each direction. So the “majority” changes on any given topic, and Democrats are known for their lack of party discipline. It’s often said that organizing Democrats is like herding cats. So if you can’t depend on the votes, then your majority is not “filibuster proof”.
Today, there are 51 Democrats, 47 Republicans, and 2 independents in the senate. The independents allegedly caucus with the Democrats, usually giving them a 53-47 majority. Since Republicans are much better at controlling their members, their filibusters are much more reliable. Thus, the Republicans can obstruct all efforts to pass anything in the senate. And they make full use of that power.
Under past rules, the filibustering senators would take turns endlessly debating the bill before them. They were trying to change their colleagues’ minds on the subject, or annoy them to the point where they decided to drop the bill altogether. You might remember Jimmy Stewart’s famous filibuster scene from the movie Mr. Smith Goes to Washington.
Current rules don’t require that monumental effort and now permit “silent” and secret filibusters. Senators merely have to announce a filibuster. They never actually have to stand on the Senate floor and explain why they oppose the bill, or suggest alternative actions, or anything else. They can just block any bill any time they feel like it. And Republican senators feel like it a lot. That’s why Congress can’t get anything done.
Senate Republicans have been filibustering everything since Democrats took the majority in 2006. They have obstructed all of President Obama’s efforts by to repair the CheneyBush administration’s damage. For the past thirty years, the problem with Congress has been that the Republicans have no morals and the Democrats have no spine.
Filibuster rules do need to change, but it won’t happen without massive public pressure.
For more information:U.S. Senate Rules
Filibusters and Cloture in the Senate: Congressional Research Service
Why Congress Can’t Get Anything Done
United States Constitution
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