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Filibuster in the United States Senate

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Filibuster in the United States Senate

A filibuster is a tactic used in the United States Senate to delay or block a vote on a measure by preventing debate on it from ending. The Senate's rules place few restrictions on debate. In general, if no other senator is speaking, a senator who seeks recognition is entitled to speak for as long as they wish. Only when debate concludes, whether naturally or using cloture, can the measure be put to a vote. Rule XXII of the Standing Rules of the United States Senate allows the Senate to vote to limit debate by invoking cloture on the pending question. In most cases this requires three-fifths of the senators duly chosen and sworn (60 votes if there is no more than one vacancy), so a minority of senators can block a measure, even if it has the support of a simple majority. Once cloture has been invoked, in most cases debate can continue for a further 30 hours, and most major bills are subject to two or three filibusters before the Senate can vote on passage. Even bills supported by 60 or more senators (as well as nominations) may therefore be delayed by a filibuster. A filibuster can also be conducted through the use of other delay tactics, such as proposing amendments or making motions. Throughout the Senate's history, senators have frequently made efforts to curtail the use of the Senate's filibuster. Notably, in 2013 and 2017, the Senate used the nuclear option to set a series of precedents that reduced the threshold for cloture on nominations to a simple majority. Since then, nominations can be confirmed without the support of 60 senators, though they may nonetheless be delayed by a filibuster. A number of rulemaking statutes have been enacted to limit the scope of the filibuster by imposing an automatic time limit on Senate debate of certain questions. These include the Congressional Budget Act of 1974 (which created the budget reconciliation process), the Congressional Review Act and the District of Columbia Home Rule Act. Since debate on such measures ends without cloture being invoked, they are not subject to the 60-vote threshold.

Tables

Longest filibusters in the U . Senate since 1900 · Longest solo filibusters
011
011
Col 1
011
Senator
Strom Thurmond (SC)
Party
Democratic
Party
Thurmond
Date (began)
August 28, 1957
Measure/Motive
Civil Rights Act of 1957 (filibuster)
Duration (hh:mm)
24:18
022
022
Col 1
022
Senator
Al D'Amato (NY)
Party
Republican
Party
DAmato
Date (began)
October 17, 1986
Measure/Motive
Defense Authorization Act (1987), amendment
Duration (hh:mm)
23:30
033
033
Col 1
033
Senator
Wayne Morse (OR)
Party
Independent
Party
Morse
Date (began)
April 24, 1953
Measure/Motive
Submerged Lands Act (1953)
Duration (hh:mm)
22:26
044
044
Col 1
044
Senator
Ted Cruz (TX)
Party
Republican
Party
Cruz
Date (began)
September 24, 2013
Measure/Motive
Continuing Appropriations Act (2014) (filibuster)
Duration (hh:mm)
21:18
055
055
Col 1
055
Senator
Robert M. La Follette, Sr. (WI)
Party
Republican
Party
LaFollette
Date (began)
May 29, 1908
Measure/Motive
Aldrich–Vreeland Act (1908)
Duration (hh:mm)
18:23
066
066
Col 1
066
Senator
William Proxmire (WI)
Party
Democratic
Party
Proxmire
Date (began)
September 28, 1981
Measure/Motive
Debt ceiling increase (1981)
Duration (hh:mm)
16:12
077
077
Col 1
077
Senator
Huey Long (LA)
Party
Democratic
Party
Long
Date (began)
June 12, 1935
Measure/Motive
National Industrial Recovery Act (1933), amendment
Duration (hh:mm)
15:30
088
088
Col 1
088
Senator
Jeff Merkley (OR)
Party
Democratic
Party
Merkley
Date (began)
April 4, 2017
Measure/Motive
Supreme Court confirmation of Neil Gorsuch (2017) (filibuster)
Duration (hh:mm)
15:28
099
099
Col 1
099
Senator
Al D'Amato (NY)
Party
Republican
Party
DAmato
Date (began)
October 5, 1992
Measure/Motive
Revenue Act (1992), amendment
Duration (hh:mm)
15:14
1010
1010
Col 1
1010
Senator
Chris Murphy (CT)
Party
Democratic
Party
DAmato
Date (began)
June 15, 2016
Measure/Motive
Nominally H . 2578; supporting gun control measures (filibuster)
Duration (hh:mm)
14:50
Senator
Party
Date (began)
Measure/Motive
Duration (hh:mm)
011
Strom Thurmond (SC)
Democratic
Thurmond
August 28, 1957
Civil Rights Act of 1957 (filibuster)
24:18
022
Al D'Amato (NY)
Republican
DAmato
October 17, 1986
Defense Authorization Act (1987), amendment
23:30
033
Wayne Morse (OR)
Independent
Morse
April 24, 1953
Submerged Lands Act (1953)
22:26
044
Ted Cruz (TX)
Republican
Cruz
September 24, 2013
Continuing Appropriations Act (2014) (filibuster)
21:18
055
Robert M. La Follette, Sr. (WI)
Republican
LaFollette
May 29, 1908
Aldrich–Vreeland Act (1908)
18:23
066
William Proxmire (WI)
Democratic
Proxmire
September 28, 1981
Debt ceiling increase (1981)
16:12
077
Huey Long (LA)
Democratic
Long
June 12, 1935
National Industrial Recovery Act (1933), amendment
15:30
088
Jeff Merkley (OR)
Democratic
Merkley
April 4, 2017
Supreme Court confirmation of Neil Gorsuch (2017) (filibuster)
15:28
099
Al D'Amato (NY)
Republican
DAmato
October 5, 1992
Revenue Act (1992), amendment
15:14
1010
Chris Murphy (CT)
Democratic
DAmato
June 15, 2016
Nominally H . 2578; supporting gun control measures (filibuster)
14:50

References

  1. Filibusters and Cloture in the Senate
    https://crsreports.congress.gov/product/pdf/RL/RL30360
  2. Riddick's Senate Procedure
    https://www.govinfo.gov/app/details/GPO-RIDDICK-1992/context
  3. Standing Rules of the Senate
    https://www.rules.senate.gov/imo/media/doc/CDOC-113sdoc18.pdf
  4. Vox
    https://web.archive.org/web/20220606101836/https://www.vox.com/2015/5/27/18089312/myths-about-the-filibuster
  5. The Legislative Process on the Senate Floor: An Introduction
    https://crsreports.congress.gov/product/pdf/RL/96-548
  6. U . Constitution, Article I, Sec. 3, Cl. 6.
  7. U . Constitution, Article II, Sec. 2, Cl. 2.
  8. U . Constitution, Article I, Sec. 5, Cl. 2.
  9. U . Constitution, Article I, Sec. 7, Cl. 2 & 3.
  10. U . Constitution, Article V.
  11. The Federalist, No. 22
  12. Mischief of Faction
    https://web.archive.org/web/20220125043512/https://www.mischiefsoffaction.com/post/aaron-burr-is-not-to-blame-for-the-senate-filibuster
  13. United States Senate
    https://web.archive.org/web/20220928043227/https://www.senate.gov/about/powers-procedures/filibusters-cloture/overview.htm
  14. Political Science Quarterly
    https://www.jstor.org/stable/2147507
  15. The Previous Question – Its Standing as a Precedent for Cloture in the United States Senate
    https://web.archive.org/web/20210317020811/https://hobnobblog.com/wp-content/uploads/2018/03/Cooper-Richard-Russell-S-doc-104.pdf
  16. Amending Senate Rules at the Start of a New Congress, 1953–1975: An Analysis with an Afterword to 2015
    https://crsreports.congress.gov/product/pdf/R/R44395
  17. Senate Cloture Rule
    https://www.govinfo.gov/content/pkg/CPRT-112SPRT66046/pdf/CPRT-112SPRT66046.pdf
  18. New York Magazine
    https://nymag.com/intelligencer/2021/02/how-much-has-the-filibuster-cost-america.html
  19. History
    https://www.history.com/topics/us-government/history-of-the-filibuster
  20. Brookings
    http://www.brookings.edu/research/testimony/2010/04/22-filibuster-binder
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