Filibuster

A filibuster is an attempt to block Senate vote on a bill by debating it at length, by offering numerous procedural motions, or by any other delaying or obstructive actions.

Famous Filibusters

In practice 19th century filibusters were successful only at the end of a session, when the clock was ticking. The Senate thereby refused to vote on the Wilmot Proviso regarding slavery in 1846.

In 1941, on the eve of World War II, President Franklin D. Roosevelt, in an effort to integrate minority groups into the war effort, issuesd an executive order, with no vote in Congress, that created the Fair Employment Practices Committee (FEPC), and enlarged its responsibilities in 1943. It required companies with federal contracts to not discriminate against employees on the base of race, religion or ethnicity. However, only congressional action could extend its life beyond the war years. Senator Dennis Chavez of New Mexico introduced a bill to establish a permanent FEPC in 1945 which set off a national controversy over how much control the federal government should have in employment practices. Southern Democrats viewed the bill as a step toward social equality of the races. Leading the opposition was Senator Theodore G. Bilbo of Mississippi who vowed he would beat the 'damnable, unAmerican and unconstitutional' FEPC to death. The bill was withdrawn from consideration after a 24-day filibuster.

After 1917 the most famous filibusters were undertaken by Southern Democrats to block civil rights legislation. The record for the longest filibuster is held by Senator Strom Thurmond, who filibustered against the Civil Rights Act of 1957 for 24 hours, 18 minutes.

Origins

The right of unlimited debate in the Senate was rejected by the Founding Fathers. The Continental Congress adopted Rule 10. It followed the practice of the British Parliament and precedent allowed a simple majority to cut off debate by a motion for "the previous question." This rule was included in sections 8 and 9 of the rules adopted by the first Senate in 1789, was included in Jefferson's Manual of Parliamentary Practice, and was part of the Senate's rules until it was removed in 1806. The change in 1806 allowed unlimited debate.

Before 1917 there was no provision for cloture, or shutting off debate. In response to the filibuster of a bill to arm American merchant ships that were under attack by German U-Boats (before war was declared), the Senate adopted the two-thirds rule for cloture putting a halt to debate on an issue.

Current rules

In 1975 Rule 22 was adopted that reduced the number for cloture to 60 (while leaving the two-thirds rule when the Senate rules themselves are at issue.) The effect is that almost all major legislation needs 60 votes to pass the Senate. One exception comes in "reconciliation" bills that deal with the budget. Another is the use of fast track" legislation, as with the North American Free Trade Agreement.

Further reading

• DeNardis, Lawrence Joseph. The New Senate Filibuster: An Analysis of Filibustering and Gridlock in the U.S. Senate, 1977-1986']. PhD dissertation, New York U. 1990 50(9): 3042-A. DA9004195 350p.
• Kearny, Edward N., and Heineman, Robert A. "The Senate Filibuster: a Constitutional Critique." Perspectives on Political Science, 1997 Vol. 26, Issue 1, online at EBSCO