Filibusters: History, Purpose, & Controversy

Contact Your Elected Officials

In this video from The Federalist society and co-sponsored by the Article I Initiative, Senator Mike Lee (Utah) explores the evolution of the filibuster and its use in the Senate.

In the 1939 classic Mr. Smith Goes to Washington, the fictional Senator Jefferson Smith filibusters on the floor of the Senate for 25 hours in order to delay a bill and block a graft scheme. Mr. Smith ended his filibuster by collapsing in a faint.

Though actual filibusters tend to be far less dramatic, they are still regularly utilized by senators to extend debate, block legislation, delay a vote, or achieve legislative consensus. But has the filibuster always been used this way?

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Transcript

The purpose of the filibuster is to contribute to the Senate status as being the world’s greatest deliberative legislative body. The filibuster is a rule that allows for indefinite debate in the United States Senate. Anyone can debate a bill as long as they wanted to pay the bill, that is until 3/5 of the members of the Senate vote to end debate through a mechanism called cloture.

In one form or another the filibuster has always existed in the Senate. Senators have the right to speak indefinitely and to extend debate as long as any one Senator chose. The filibuster is certainly an important part of the Senate history and a part of its rule. It’s supposed to be a different kind of legislative body one in which extended unlimited debate is the norm.

From its beginning the Senate was a place where any one Senator could continue the debate on the legislative proposal as long as he or she chose and the final question on a legislative matter who was achieved only by unanimous consent. This required Senators to do the hard work of actually being on the senate floor and continuing debate.

Just a little over a hundred years ago, I believe it was in 1917, the Senate adopted it’s first cloture mechanism. Originally cloture required two-thirds supermajority. And a few decades ago that was changed again to bring it to where it is now on a rule 22, which is the three-fifths of the senators, or 60 out of a 100, can vote to bring debate to a close. But the underlying principle has remained essentially the same throughout the history of the Senate. The crux of the controversy surrounding the filibuster really relates to the abuse of the process to bring about the delay and to avoid debate, rather than using the filibuster to fulfill its intended purpose which is to extend and promote debate.

Article 1 of the Constitution is clear in giving each house of Congress the authority to develop its own rules of procedure. Now whether or not it’s used entirely in a manner consistent with the Constitution may be a different question. Some people have started to conflate the question of how many votes it takes to end debate with how many votes it takes to pass a legislative measure. Part of this is due to a misunderstanding of how the senate rules have been used, part of this is due to an abuse of the filibuster mechanism over time. It’s become more controversial as it has been more routinely invoked, and even more controversial as it has become routinely invoked for the purpose of delay rather than for the purpose of extending actual debate. When members see it as simply a delay mechanism, uh, or an impediment to actual debate, it undercuts the very purpose for which it was created.

When it becomes the norm and people just start to anticipate that you have to have 60 votes to pass anything, it starts to appear unconstitutional. That’s really not the case. It take 60 votes to close debate. There are other ways of bringing debate to a close.

The filibuster if used properly pushes the Senate towards legislative consensus. That’s the whole idea behind it is to bring people together, and to allow members to state, their objections, to offer up improvements and eventually to get to the where they decide further debate isn’t necessary. It’s served our nation well, and I think it has for most of the history of our Republic, done what it was supposed to do.

Video Playlist: The Filibuster

The Thinking Conservative
The Thinking Conservativehttps://www.thethinkingconservative.com/
The goal of THE THINKING CONSERVATIVE is to help us educate ourselves on conservative topics of importance to our freedom and our pursuit of happiness. We do this by sharing conservative opinions on all kinds of subjects, from all types of people, and all kinds of media, in a way that will challenge our perceptions and help us to make educated choices.

Sweeney Swoon

Sydney Sweeney donned American Eagle jeans and hawked them as part the "Sydney's got great jeans" campaign, and the Left acted like she'd committed an atrocity.

Lay Democrats to Waste, Post Truths in Copy and Paste!

Senator John Kennedy (R-LA) humorously stated, โ€œOur secret plan for dealing with the Democrats is called, โ€˜Operation: Let them speak.โ€™โ€

Congress doesnโ€™t Care What the Average Person Thinks

In researching voting rights issues, a study provides a foundation for the statement โ€œgovernment officials donโ€™t care what people like them think.โ€

Domestic Terrorists Rain Adult Toys on WNBA Courts in Multiple Aerial Assaults

In what might be described as the worst terrorist attack on American soil since 9/11, multiple WNBA courts have been pelted with brutal flying missiles.

Democrats Are In Disastrous Shape As Midterms Loom

According to CNN's Harry Enten, โ€œThe Democratic brand is in the basement. It is total and complete garbage in the mind of the American public.โ€

What to Know About Texasโ€™s Redistricting Showdown

TX Democrats defied Gov. Abbottโ€™s call to return to state for a hearing on redrawing Congressional lines, setting up a showdown between the two sides.

Texas House Votes to Arrest Democratic Lawmakers Who Left State

TX House of Reps voted 85โ€“6 to arrest Democrat lawmakers who werenโ€™t present when House went into session, due to fight over congressional districts.

Agriculture Secretary Clears 6 More States to Ban Purchasing Soda With Food Stamps

Ag. Sec. Rollins signed waivers filed by Colorado and five other states allowing them to ban use of food stamps to buy soda and other sugary drinks.

DOJ Ends 44-Year-Old Race-Based Hiring Decree

DOJ announced it has ended a decree initiated more than 44 years ago, which imposed across the federal government hiring practices related to DEI theories.

Trump Vows to โ€˜Substantially Raise Tariffโ€™ on India Over Russian Oil Imports

Trump said he would โ€œsubstantiallyโ€ raise tariffs on goods from India, citing countryโ€™s continued purchase of Russian oil despite his demand that it stop.

European Union Suspends US Tariff Countermeasures for 6 Months

The EU will suspend its two packages of countermeasures to U.S. tariffs for six months, a European Commission spokesman said on Monday.

Trump Says Americans Could Get Dividends From Tariff Revenues

President Donald Trump suggested on Sunday that his administration could distribute dividends from tariff revenues to Americans with certain income levels.

Tariff Rates โ€˜Pretty Much Set,โ€™ Says US Trade Representative

President Trumpโ€™s trade representative, Jamieson Greer, said that Americans should expect the administrationโ€™s tariff levels to remain where they are.
spot_img

Related Articles