How the U.S. Senate Fights the Filibuster

Perhaps applying a word like "filibuster" to the U.S. Senate would be a bit harsh. The word is, after all, derived from a Spanish word used to describe plundering pirates. Today, the word is applied to U.S. Senators who take control of the Senate floor and stand their ground on an issue which they find of particular importance. A filibuster will take place when a Senator refuses to yield the floor of the Senate while engaged in debate, which will prevent a roll call vote from taking place. Filibusters are only allowed in the Senate, not in the House of Representatives. This is because the House of Representatives has a rule which places a time limit on the amount of time a Representative has to debate an issue. The Senate has no such rule because of its size. It was believed that any Senator should have the right to speak for any amount of time when discussing an issue that could affect the entire nation.

Filibusters are popular amongst minority senators, who feel that the issues important to them are not getting the publicity they deserve. Even the mere threat of a filibuster is enough to give an issue more leverage on the Senate floor. One such example of this is a filibuster by Senator David Boren of Oklahoma in 1985 which postponed an Attorney General Confirmation hearing until President Regan agreed to sign an emergency farm relief bill. Filibustering was also quite popular even earlier in history as a way to prevent civil rights legislation during the 50s and 60s. Statistically, the filibuster has become more widely used over the past three decades, so much so that many feel the filibuster has lost it's true value and is now taken advantage of.

Filibustering can take place before a bill is introduced, when a motion is brought against a bill, when amendments are to be made to a bill, or even when members of the House of Representatives meet with Senate members during special committees to consider a bill. Basically, a filibuster can be initiated (or threatened, which is often just as powerful) at any point in the legislative process.

A filibuster can only be stopped when an invocation of "cloture" is made, but invoking cloture is no simple task. Cloture can only be invoked when the filibuster has continued for at least two days and sixteen signatures of fellow Senators are obtained on a motion to invoke cloture. When the sixteen signatures have been obtained, another two days must be waited before the Senate can vote to invoke cloture. Three fifths of the Senate must vote to end the debate, and when this has been done, the Senate must allow the filibustering Senator another thirty hours to finish the debate. As you can see from the requirements, even when cloture is to be invoked, a filibuster can go on for almost five days. The record holder in the U.S. Senate for longest filibuster was Senator Strom Thurmond of South Carolina, who spoke for a total of twenty four hours and eighteen minutes.

Many Senators have tried to limit the potential for filibusters, but opponents agree that this would limit the power of minority Senators and would diminish the role of the Senate as a deliberative function of government.

Sources:

Shad Satterthwaite. What is a filibuster? ThisNation.com

Filibuster and Cloture. U.S. Senate.