filibuster. n. the use of irregular or obstructive tactics by a member of a legislative assembly to prevent the adoption of a measure generally favored or to force a decision against the will of the majority.
v. to impede legislation by irregular or obstructive tactics, esp. by making long speeches.
According to the Senate Historical Office unlimited debate was the rule in both houses of Congress.
In the early years of Congress, representatives as well as senators could filibuster. As the House of Representatives grew in numbers, however, revisions to the House rules limited debate. In the smaller Senate, unlimited debate continued on the grounds that any senator should have the right to speak as long as necessary on any issue.
Although the filibuster was dropped by the House when its large numbers made it unweildy, unlimited debate remained the rule in the Senate. Henry Clay threatened in 1841 to change the Senate rules to allow debate to be closed by the majority after a filibuster by the Democratic Party opposed to a bank bill favored by Clay's Democratic-Republican party.
In 1917, the Senate adopted Rule 22 which allows for debate to be closed. The Presiding Officer asks:
"Is it the sense of the Senate that the debate shall be brought to a close?"
followed by an up or down vote. If three-fifths of the senators vote in the affirmative, then the Senate may not address any other matter until the current business is concluded. No one may speak for any more than one hour following a vote for cloture.
After no more than thirty hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then actually pending before the Senate at that time and to the exclusion of all motions, except a motion to table, or to reconsider and one quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote begins.
As Rachel Maddow so cogently demonstrated, the filibuster was sparingly used until recently.
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But the Republicans are not content to merely filibuster more, they have raised it to an art formsince 2006.
The filibuster used to be unusual – 8 percent in the 1960s. Now it’s routine – 70 percent in recent years. The filibuster has become a standard part of the way the Senate does business. That is wrong, and it creates dysfunction.
E.J. Dionne illustrated how comical the filibuster has become in a recent column.
Republicans are using the filibuster to stall action even on bills that most of them support. Remember: The rule is to keep Democrats from ever reaching the exit.
As of last Monday, the Senate majority had filed 58 cloture motions requiring 32 recorded votes. One of the more outrageous cases involved an extension in unemployment benefits, a no-brainer in light of the dismal economy. The bill ultimately cleared the Senate this month by 98 to 0.
The abuse of the filibuster must stop. It is a recipe for failure, but then again, that is what the Republicans have in mind. Everything has turned into a political game for them. They have forgotten how to govern. Perhaps it is time for the nuclear option.