9.3 Filibuster and cloture in the Senate

The filibuster and cloture are key tools in Senate floor procedures. Filibusters let senators delay votes by extending debate, while cloture allows 60 senators to end debate and force a vote. These mechanisms shape how bills move through the Senate and impact legislative outcomes.

The filibuster's 60-vote threshold encourages bipartisanship but can lead to gridlock. It protects minority rights but can frustrate majority will. Understanding these procedures is crucial for grasping how the Senate operates and why passing bills can be so challenging.

The filibuster in the Senate

Definition and role

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• A filibuster is a tactic used by senators to delay or block a vote on a measure by extending debate
• Filibusters can be used on most measures in the Senate, with some exceptions (budget reconciliation bills, Congressional Review Act)
• The Senate rules place no limits on debate, allowing senators to speak for as long as they want unless 3/5 of senators vote to end debate through cloture
• Filibusters are powerful tools the minority party can use to influence the majority party's agenda in the Senate, effectively imposing a 60-vote supermajority requirement to pass legislation

Impact on the legislative process

• The filibuster's existence discourages the majority party from bringing measures to the floor that cannot get 60 votes, leading to legislative gridlock
• The filibuster's 60-vote threshold encourages bipartisanship and compromise to achieve policy goals, as the majority party often needs minority party support to pass legislation
• The filibuster can protect the minority party's rights and influence in the Senate, preventing the majority from unilaterally advancing its agenda
• Senators have increasingly used the filibuster, or the threat of one, in recent decades, with cloture votes rising dramatically since the 1970s
• Excessive use of the filibuster can prevent the majority party from enacting its agenda and cause the public to view the Senate as dysfunctional, leading to calls for filibuster reform or elimination

History of the filibuster

Origins and early use

• The filibuster originated from the Senate's tradition of unlimited debate and was not part of the original Senate rules
• The first Senate filibuster occurred in 1837, when senators used prolonged debate to delay a vote on a bill to censure President Andrew Jackson
• Filibusters were used sparingly in the 19th century, with only a handful of instances recorded

Evolution in the 20th century

• In 1917, the Senate adopted Rule 22 allowing senators to end a filibuster with a 2/3 majority vote, a process known as cloture, in response to filibusters blocking President Woodrow Wilson's agenda during World War I
• Southern senators used the filibuster extensively in the 1950s and 1960s to block civil rights legislation, including a 57-day filibuster of the 1957 Civil Rights Act
• In 1975, the Senate reduced the number of votes required for cloture from two-thirds of senators voting to three-fifths of all senators (60 votes), making it easier to overcome filibusters
• The use of filibusters increased significantly in the late 20th century, with senators using the tactic to delay or block a wide range of legislation and nominations

Recent changes to the filibuster

• In 2013, the Democratic-controlled Senate used the "nuclear option" to eliminate the filibuster on executive branch nominations and federal judicial appointments except to the Supreme Court, allowing these nominations to be confirmed with a simple majority vote
• In 2017, the Republican-controlled Senate eliminated the filibuster on Supreme Court nominations, allowing the confirmation of Justice Neil Gorsuch and subsequent Supreme Court nominees with a simple majority vote
• Despite these changes, the legislative filibuster remains in place, requiring a 60-vote supermajority to advance most bills and resolutions in the Senate

Cloture process and requirements

Invoking cloture

• Cloture is a Senate procedure that allows a supermajority to limit further debate on a measure to 30 hours, thereby overcoming a filibuster
• A cloture motion must be signed by at least 16 senators and presented to the presiding officer of the Senate
• The cloture motion is put to a vote one hour after the Senate meets on the second calendar day following the filing of the cloture motion, allowing time for senators to consider the motion and rally support

Voting threshold and exceptions

• Three-fifths of the full Senate (60 votes) is required to invoke cloture on most measures, including legislation and nominations
• Some actions, like amending Senate rules, require a higher threshold of two-thirds of senators present and voting to invoke cloture
• Certain measures, such as budget reconciliation bills and the Congressional Review Act, are not subject to filibusters and can be passed with a simple majority vote

Post-cloture procedures

• If cloture is invoked, the measure remains the unfinished business of the Senate until disposed of, meaning the Senate cannot consider other legislation until it completes action on the measure
• Debate is limited to 30 hours after cloture is invoked, unless increased by another three-fifths vote, ensuring that the Senate will eventually vote on the measure
• The Senate can only consider amendments submitted in writing before the cloture vote, preventing senators from introducing new amendments to delay the process further
• After the 30 hours of post-cloture debate, the Senate proceeds to a final vote on the measure, with a simple majority required for passage

Impact of the filibuster on legislation

Bipartisanship and compromise

• The filibuster's 60-vote threshold encourages bipartisanship and compromise to achieve policy goals, as the majority party often needs minority party support to pass legislation
• Senators may need to moderate their positions or include provisions appealing to the minority party to secure the necessary votes for cloture and passage
• The filibuster can lead to more centrist and broadly acceptable legislation, as extreme measures are less likely to garner the required supermajority support

Legislative gridlock and dysfunction

• The filibuster effectively imposes a 60-vote supermajority requirement to pass legislation in the Senate, making it more difficult for the majority party to advance its agenda
• The filibuster's existence discourages the majority party from bringing measures to the floor that cannot get 60 votes, leading to legislative gridlock and inaction on pressing issues
• Excessive use of the filibuster can prevent the majority party from enacting its agenda and cause the public to view the Senate as dysfunctional, leading to calls for filibuster reform or elimination
• The filibuster can exacerbate partisan tensions and contribute to a polarized political environment, as the minority party may use the tactic to obstruct the majority's agenda for political gain

Protection of minority rights

• The filibuster can protect the minority party's rights and influence in the Senate, preventing the majority from unilaterally advancing its agenda without considering minority views
• The threat of a filibuster can give the minority party leverage to negotiate changes to legislation or secure concessions from the majority party
• The filibuster ensures that the Senate operates on a consensus basis, requiring broad support to pass major legislation and preventing a narrow majority from imposing its will on the minority
• Critics argue that the filibuster can enable a determined minority to thwart the will of the majority and block popular legislation, undermining democratic principles