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Can a Filibuster Be Used in the House of Representatives

Written By Tuesday, February 22, 2022 Add Comment Edit

Method of legislative obstruction in the US senate

A filibuster is a tactic used by a minority group of members of the U.Southward. Senate who oppose and prevent the passage of a neb, despite the bill having enough supporters to pass it. The tactic involves taking advantage of the rule that lx votes are needed to cease fence on a pecker. Debate on a neb can terminal indefinitely and must conclude before the bill tin can be voted on and passed. Therefore, an opposing minority of at least 41 members can forestall the passage of a pecker, fifty-fifty if a supporting majority of at to the lowest degree 51 members could later pass it.

The delay has undergone several changes over the course of the 20th century due to modifications of the Senate rules. Originally, the possibility to filibuster was accidentally introduced as a side effect of an 1806 rule change which eliminated the ability to terminate argue in the Senate by a simple majority vote. Thus, the minority could extend argue on a neb indefinitely by holding the floor of the Senate, preventing the neb from coming to a vote. However, the filibuster was used relatively rarely until the civil rights era. Senator Strom Thurmond as a member of the Autonomous Party, famously filibustered the Ceremonious Rights Act of 1957 for more than 24 hours. Democrats led past Richard Russell Jr. famously held up the passage of the Civil Rights Act of 1964 for threescore working days using the filibuster. In the 1970s, the Senate adopted a "two-track" arrangement, which was intended in role as a progressive reform to prevent filibusters from completely blocking Senate business concern. Nether these new rules however, legislation could be blocked merely by submitting a written notice of intent to delay. Thus, this rule change inadvertently introduced a supermajority requirement to the Senate, since it became possible for the minority to filibuster legislation without having to physically concord the floor of the Senate.

A number of laws take been passed to limit the scope of the filibuster past explicitly limiting the time for Senate debate, about notably the Congressional Budget and Impoundment Control Act of 1974 that created the budget reconciliation process. Moreover, changes to Rule XXII in 2013 and 2022 now require only a uncomplicated bulk to invoke cloture on presidential nominations, although most legislation withal requires sixty votes. These dominion changes were made by invoking the and so-chosen "nuclear option", a parliamentary procedure that allows the Senate to override 1 of its standing rules, including the lx-vote threshold to close contend, past a simple majority vote (≥ 51 votes, or 50 votes with the Vice President casting the necktie-breaking vote), rather than the two-thirds supermajority unremarkably required to improve Senate rules.

History [edit]

Constitutional design [edit]

Only a modest number of super-bulk requirements were explicitly included in the original U.S. Constitution, including conviction on impeachment charges (ii/3 of Senate),[1] expelling a fellow member of Congress (2/3 of the chamber in question),[ii] overriding presidential vetoes (two/3 of both Houses),[3] ratifying treaties (ii/3 of Senate)[iv] and proposing constitutional amendments (two/3 of both Houses).[5] Through negative textual implication, the Constitution besides gives a unproblematic majority the ability to gear up procedural rules: "Each Firm may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of ii thirds, miscarry a Member."[ii]

In Federalist No. 22, Alexander Hamilton described super-bulk requirements as existence 1 of the main bug with the previous Articles of Confederation, and identified several evils which would result from such a requirement:

"To give a minority a negative upon the majority (which is always the instance where more than a majority is requisite to a decision), is, in its trend, to subject the sense of the greater number to that of the lesser. ... The necessity of unanimity in public bodies, or of something approaching towards information technology, has been founded upon a supposition that information technology would contribute to security. But its real functioning is to embarrass the assistants, to destroy the energy of the authorities, and to substitute the pleasance, caprice, or artifices of an insignificant, turbulent, or corrupt junto, to the regular deliberations and decisions of a respectable majority. In those emergencies of a nation, in which the goodness or badness, the weakness or strength of its government, is of the greatest importance, at that place is unremarkably a necessity for action. The public business concern must, in some way or other, go forward. If a pertinacious minority tin can control the opinion of a majority, respecting the best mode of conducting it, the majority, in order that something may be done, must conform to the views of the minority; and thus the sense of the smaller number will overrule that of the greater, and give a tone to the national proceedings. Hence, tedious delays; continual negotiation and intrigue; contemptible compromises of the public adept. And nonetheless, in such a system, information technology is even happy when such compromises tin take identify: for upon some occasions things volition non admit of accommodation; and so the measures of regime must exist injuriously suspended, or fatally defeated. It is often, by the impracticability of obtaining the concurrence of the necessary number of votes, kept in a state of inaction. Its situation must ever relish of weakness, sometimes border upon anarchy."[6]

Adventitious cosmos and early use of the filibuster [edit]

In 1789, the first U.S. Senate adopted rules allowing senators to move the previous question (by uncomplicated bulk vote), which meant ending argue and proceeding to a vote. But Vice President Aaron Burr argued that the previous-question motion was redundant, had only been exercised once in the preceding 4 years, and should exist eliminated, which was washed in 1806, afterward he left part.[7] The Senate agreed and modified its rules.[7] Because it created no alternative mechanism for terminating contend, filibusters became theoretically possible.

During virtually of the pre-Civil War menstruum, the filibuster was seldom used, as northern senators desired to maintain southern support over fears of disunion/secession and fabricated compromises over slavery in order to avert confrontation with new states admitted to the Union in pairs to preserve the sectional residuum in the Senate,[8] almost notably in the Missouri Compromise of 1820. Indeed, until the belatedly 1830s the filibuster remained a solely theoretical pick, never actually exercised.

The showtime Senate filibuster occurred in 1837 when a group of Whig senators filibustered to prevent allies of the Democratic President Andrew Jackson from expunging a resolution of censure confronting him.[nine] [ten] In 1841, a defining moment came during argue on a bill to charter a new national banking company. After Whig Senator Henry Clay tried to end the debate via a bulk vote, Democratic Senator William R. Male monarch threatened a filibuster, saying that Dirt "may make his arrangements at his boarding house for the winter." Other senators sided with Male monarch, and Clay backed downwards.[7]

At the time, both the Senate and the House of Representatives immune filibusters equally a fashion to forestall a vote from taking place. Subsequent revisions to House rules express filibuster privileges in that chamber, only the Senate continued to allow the tactic.[11] [ failed verification ] [ dubious – discuss ]

The emergence of cloture (1917–1969) [edit]

In 1917, during World War I, at the urging of President Woodrow Wilson,[12] the Senate adopted a rule on a 76–3 roll phone call vote to let an end to debate on a measure out in the grade of cloture.[thirteen] This took place after a group of 12 anti-war senators managed to kill a bill that would accept allowed Wilson to arm merchant vessels in the face of unrestricted German submarine warfare.[14] The requirement for cloture was ii-thirds of senators voting.[fifteen]

Despite that formal requirement, nevertheless, political scientist David Mayhew has argued that in practice, information technology was unclear whether a filibuster could be sustained against majority opposition.[sixteen] The outset cloture vote occurred in 1919 to end contend on the Treaty of Versailles, leading to the treaty's rejection confronting the wishes of the cloture rule'south first champion, President Wilson.[17] During the 1930s, Senator Huey Long of Louisiana used the filibuster to promote his populist policies. He recited Shakespeare and read out recipes for "pot-likkers" during his filibusters, which occupied xv hours of contend.[12] In 1946, five Democrats — senators John H. Overton (LA), Richard B. Russell (GA), Millard E. Tydings (MD), Clyde R. Hoey (NC), and Kenneth McKellar (TN) — blocked a vote on a bill (S. 101)[xviii] proposed past Democrat Dennis Chávez of New United mexican states that would take created a permanent Off-white Employment Practice Committee (FEPC) to forbid discrimination in the workplace. The filibuster lasted weeks, and Senator Chávez was forced to remove the bill from consideration later on a failed cloture vote, even though he had enough votes to pass the beak.

In 1949, the Senate made invoking cloture more difficult by requiring two-thirds of the entire Senate membership to vote in favor of a cloture motion.[19] Moreover, future proposals to alter the Senate rules were themselves specifically exempted from being bailiwick to cloture.[20] : 191 In 1953, Senator Wayne Morse of Oregon set a record by filibustering for 22 hours and 26 minutes while protesting the Tidelands Oil legislation. Then Democratic Senator Strom Thurmond of South Carolina bankrupt this record in 1957 by filibustering the Civil Rights Human activity of 1957 for 24 hours and xviii minutes,[21] during which he read laws from different states and recited George Washington's goodbye accost in its entirety,[22] although the bill ultimately passed.

In 1959, anticipating more civil rights legislation, the Senate under the leadership of Majority Leader Lyndon Johnson restored the cloture threshold to two-thirds of those voting.[19] Although the 1949 rule had eliminated cloture on rules changes themselves, Johnson acted at the very beginning of the new Congress on January 5, 1959, and the resolution was adopted by a 72–22 vote with the support of three top Democrats and three of the 4 top Republicans. The presiding officeholder, Vice President Richard Nixon, supported the move and stated his opinion that the Senate "has a constitutional right at the beginning of each new Congress to determine rules information technology desires to follow".[23] The 1959 change besides eliminated the 1949 exemption for rules changes, assuasive cloture to once again exist invoked on future changes.[20] : 193

I of the almost notable filibusters of the 1960s occurred when Democrats attempted to cake the passage of the Civil Rights Human action of 1964 past filibustering for 75 hours, including a 14-hour and xiii minute address by Senator Robert Byrd of Due west Virginia. The filibuster failed when the Senate successfully invoked cloture for only the 2d time since 1927.[24]

From 1917 to 1970, the Senate took a cloture vote nearly once a year (on average); during this fourth dimension, there were a total of 49 cloture votes.[25]

The ii-track arrangement, threescore-vote rule and rise of the routine delay (1970 onward) [edit]

After a serial of filibusters in the 1960s over civil rights legislation, the Senate put a "two-track system" into place in 1970 nether the leadership of Autonomous Majority Leader Mike Mansfield and Democratic Majority Whip Ted Kennedy . Before this system was introduced, a filibuster would stop the Senate from moving on to any other legislative activity. Tracking allows the bulk leader—with unanimous consent or the agreement of the minority leader—to accept more than one master motion pending on the floor as unfinished business. Under the 2-track system, the Senate can have two or more than pieces of legislation or nominations pending on the floor simultaneously past designating specific periods during the day when each 1 volition exist considered.[26] [27]

Cloture voting in the United states of america Senate since 1917[28]

The notable side effect of this change was that past no longer bringing Senate business to a complete halt, filibusters on particular motions became politically easier for the minority to sustain.[29] [thirty] [31] As a upshot, the number of filibusters began increasing rapidly, somewhen leading to the modern era in which an effective supermajority requirement exists to pass legislation, with no practical requirement that the minority political party actually agree the floor or extend debate.

In 1975, the Senate revised its cloture rule so that three-fifths of sworn senators (60 votes out of 100) could limit argue, except for changing Senate rules which yet requires a two-thirds majority of those nowadays and voting to invoke cloture.[32] [33] All the same, by returning to an accented number of all Senators (60) rather than a proportion of those nowadays and voting, the alter too made any filibusters easier to sustain on the floor past a small number of senators from the minority party without requiring the presence of their minority colleagues. This further reduced the majority's leverage to forcefulness an outcome through extended contend.

Another tactic, the postal service-cloture filibuster—which used points of order to filibuster legislation because they were not counted as role of the limited time immune for debate—was rendered ineffective by a rule change in 1979.[34] [35] [36]

Equally the delay has evolved from a rare practice that required holding the floor for extended periods into a routine 60-vote supermajority requirement, Senate leaders have increasingly used cloture motions as a regular tool to manage the menstruum of business, often even in the absence of a threatened filibuster. Thus, the presence or absence of cloture attempts is not necessarily a reliable indicator of the presence or absence of a threatened filibuster. Because filibustering does not depend on the use of any specific rules, whether a filibuster is present is always a matter of judgment.[37]

Abolitionism for nominations: 2005–2013 [edit]

In 2005, a group of Republican senators led by Majority Leader Bill Frist proposed having the presiding officer, Vice President Dick Cheney, rule that a delay on judicial nominees was unconstitutional, as it was inconsistent with the President's power to proper name judges with the advice and consent of a simple majority of senators.[38] [39] Senator Trent Lott, the junior senator from Mississippi, used the word "nuclear" to draw the plan, and and then information technology became known as the "nuclear choice," and the term thereafter came to refer to the general process of irresolute cloture requirements via the establishment of a new Senate precedent (by simple majority vote, as opposed to formally amending the Senate rule by two-thirds vote).[40] However, a group of 14 senators—7 Democrats and seven Republicans, collectively dubbed the "Gang of 14"—reached an agreement to temporarily defuse the conflict.[41] [42] [43]

From April to June 2010, under Democratic control, the Senate Commission on Rules and Administration held a series of monthly public hearings on the history and use of the filibuster in the Senate.[44] During the 113th Congress, two packages of amendments were adopted on January 25, 2013, one temporary for that Congress and one permanent.[45] [46] Changes to the permanent Senate rules (Senate Resolution 16) allowed, among other things, elimination of mail-cloture debate on a move to proceed to a beak one time cloture has been invoked on the motion, provided that certain thresholds of bipartisan support are met. Despite these pocket-size changes, 60 votes were withal required to overcome a filibuster, and the "silent delay"—in which a senator can delay a nib even if they exit the floor—remained in identify.[47]

On November 21, 2013, Senate Democrats used the "nuclear selection," voting 52–48 — with all Republicans and iii Democrats opposed — to eliminate the use of the filibuster on executive branch nominees and judicial nominees, except to the Supreme Court.[48] The Democrats' stated motivation was what they saw every bit an expansion of filibustering by Republicans during the Obama administration, particularly with respect to nominations for the United States Court of Appeals for the District of Columbia Circuit[49] [fifty] and out of frustration with filibusters of executive branch nominees for agencies such equally the Federal Housing Finance Agency.[49]

In 2015, Republicans took control of the Senate and kept the 2013 rules in place.[51]

Abolition for all nominations: since 2017 [edit]

On April half-dozen, 2017, Senate Republicans eliminated the sole remaining exception to the 2013 modify by invoking the "nuclear option" for Supreme Courtroom nominees. This was done in lodge to allow a uncomplicated majority to ostend Neil Gorsuch to the Supreme Court. The vote to modify the rules was 52 to 48 along political party lines.[52] [53] 61 Senators from both parties wrote a letter to Senate leadership, urging them to preserve the filibuster for legislation.[54] [55] [56]

In January 2021, post-obit a shift to a 50-50 Democratic majority supported by Vice President Harris's tie-breaking vote, the legislative delay became a sticking point for the adoption of a new organizing resolution when Mitch McConnell, the Senate Minority Leader, threatened to filibuster the organizing resolution until it should include language maintaining a 60-vote threshold to invoke cloture.[57] Every bit a outcome of this delay, committee memberships were held over from the 116th Congress, leaving some committees without a chair, some committees chaired by Republicans, and new Senators without committee assignments. Afterward a stalemate that lasted a week, McConnell received assurances from two Democratic senators that they would continue to support the 60 vote threshold. Because of those assurances, on Jan 25, 2022 McConnell abandoned his threat of a filibuster.[58] [59]

The House passed a bill to launch an independent committee to investigate the events of January six, 2021, but on May 28, 2021, Senate Republicans blocked the bill with a 54 to 35 vote using the filibuster.[60] This represents threescore% of senators present, but not of absolute number of senators, as required past the 1975 rule all the same in effect.

Exceptions [edit]

A number of laws limit debates or the time for debates for sure bills, that effectively exempt those bills from the 60-vote requirements,[61] and allows the Senate to pass those bills by a simple majority vote. Every bit a issue, many major legislative actions in recent decades take been adopted through one of these methods, especially reconciliation.

Budget reconciliation [edit]

Budget reconciliation is a procedure created in 1974 as part of the congressional budget process. In brief, the annual budget process begins with adoption of a budget resolution (passed past elementary majority in each house, not signed by President, does non carry force of police) that sets overall funding levels for the government. The Senate may so consider a budget reconciliation neb, not subject to filibuster, that reconciles funding amounts in whatsoever annual appropriations bills with the amounts specified in the budget resolution. Still, nether the Byrd rule no not-budgetary "inapplicable affair" may exist considered in a reconciliation bill. The presiding officeholder, relying always (as of 2017) on the opinion of the Senate parliamentarian, determines whether an particular is extraneous, and a 60-vote majority is required to include such textile in a reconciliation neb.

During periods of single-party control in Congress and the Presidency, reconciliation has increasingly been used to enact major parts of a political party's legislative agenda past avoiding the sixty-vote rule. Notable examples of such successful use include:

Coach Budget Reconciliation Act of 1993, Pub.L. 103–66 (1993)
The Clinton upkeep bill, passed the Senate 51–fifty. Raised income taxes on those making over $115,000, among other tax increases.
Economical Growth and Tax Relief Reconciliation Human activity of 2001 (EGTRRA), Pub.50. 107–16 (text) (PDF) (2001)
Kickoff set of Bush tax cuts, passed the Senate 58–33.
Jobs and Growth Tax Relief Reconciliation Act of 2003, Pub.L. 108–27 (text) (PDF) (2003)
Accelerated and extended Bush revenue enhancement cuts, passed the Senate 51–50.
Deficit Reduction Act of 2005, Pub.L. 109–171 (text) (PDF) (2006)
Slowed growth in Medicare and Medicaid spending and inverse pupil loan formulas, passed the Senate 51–50.
Tax Increase Prevention and Reconciliation Deed of 2005 (TIPRA), Pub.L. 109–222 (text) (PDF) (2006)
Extended lower rates on majuscule gains and relief from the alternative minimum revenue enhancement, passed the Senate 54–44.
Health Care and Education Reconciliation Act of 2010, Pub.L. 111–152 (text) (PDF) (2010)
2d portion of Obamacare, passed the Senate 56–43. This constabulary made upkeep-related amendments to the chief Obamacare police force, the Patient Protection and Affordable Intendance Act which had previously passed with 60 votes. It also included significant student loan changes.
Tax Cuts and Jobs Deed of 2022 (2017)
Trump tax cuts, passed the Senate 51–48.
American Rescue Plan Act of 2022 (2021)
COVID-19 relief, passed the Senate 50-49

[edit]

Start in 1975 with the Merchandise Act of 1974, and later through the Trade Act of 2002 and the Trade Preferences Extension Act of 2015, Congress has from time to time provided and then-called "fast runway" authority for the President to negotiate international merchandise agreements. Later on the President submits an agreement, Congress can then approve or deny the understanding, only cannot amend it nor filibuster. On the Firm and Senate floors, each body can debate the bill for no more than twenty hours,[62] thus the Senate can human activity past unproblematic majority vote once the time for debate has expired.

Congressional Review Human activity [edit]

The Congressional Review Act, enacted in 1995, allows Congress to review and repeal administrative regulations adopted past the Executive Branch inside 60 legislative days. This procedure volition well-nigh typically be used successfully presently after a party change in the presidency. Information technology was used once in 2001 to repeal an ergonomics rule promulgated under Bill Clinton, was non used in 2009, and was used xiv times in 2022 to repeal various regulations adopted in the final year of the Barack Obama presidency.

The Human action provides that a dominion disapproved by Congress "may non be reissued in substantially the same class" until Congress expressly authorizes it.[63] However, CRA disapproval resolutions require only 51 votes while a new authorization for the dominion would require threescore votes. Thus, the CRA finer functions as a "i-manner ratchet" against the bailiwick thing of the rule in question beingness re-promulgated, such as by the administration of a future President of the opposing party.

National Emergencies Human activity [edit]

The National Emergencies Deed, enacted in 1976, formalizes the emergency powers of the President. The law requires that when a articulation resolution to cease an emergency has been introduced, it must be considered on the floor within a specified number of days. The time limitation overrides the normal 60-vote requirement to close debate, and thereby permits a articulation resolution to be passed by a simple majority of both the House and Senate. As originally designed, such articulation resolutions were not subject to presidential veto. Even so, post-obit the Supreme Court's determination in INS 5. Chadha (1983) which ruled that the legislative veto was unconstitutional, Congress revised the law in 1985 to make the joint resolutions discipline to presidential veto.

State of war Powers Resolution [edit]

The War Powers Resolution, enacted in 1973 over Richard Nixon's veto, generally requires the President to withdraw troops committed overseas within sixty days, which the President may extend in one case for 30 boosted days, unless Congress has alleged war, otherwise authorized the apply of force, or is unable to meet equally a result of an armed attack upon the Usa.[64] Both the Business firm and Senate must vote on whatever articulation resolution authorizing forces,[65] or requiring that forces be removed,[66] within a specified time menses, thus establishing a elementary-majority threshold in the Senate.

Confirmations [edit]

On November 21, 2013, the Senate, using the "nuclear option," created a binding precedent to eliminate the use of the filibuster on executive branch nominees and judicial nominees, except those to the Supreme Court.[48] The Democrats' stated motivation was what they saw equally an expansion of filibustering by Republicans during the Obama assistants, specially with respect to nominations for the U.s. Court of Appeals for the District of Columbia Circuit[49] [l] and out of frustration with filibusters of executive branch nominees for agencies such as the Federal Housing Finance Agency.[49] On April 6, 2017, the exception for Supreme Courtroom appointments was also eliminated.[52] [53]

Debt ceiling [edit]

In December 2021, the U.Due south. Treasury was about to run out of money and default on payments because of the reluctance of Congress to raise the country'southward debt ceiling to authorize borrowing to encompass deficits in past budgets canonical by both parties. A bipartisan resolution authorized a erstwhile exception to the delay dominion and so that the ceiling could be raised with only 50 votes. Merely Democrats voted for the increase, which might have prevented major economic damage had the ceiling non been raised.[67]

Institutional furnishings [edit]

The modern-era delay — and the constructive threescore-vote supermajority requirement it has led to — take had meaning policy and political effects on all 3 branches of the federal government.

Congress [edit]

The supermajority rule has made information technology very difficult, oftentimes impossible, for Congress to pass whatsoever but the most not-controversial legislation in contempo decades. The number of bills passed by the Senate has cratered: in the 85th Congress in 1957–59, over 25% of all bills introduced in the Senate were somewhen passed into law; by 2005, that number had fallen to 12.v%, and by 2010, only ii.viii% of introduced bills became law—a 90% decline from l years prior.[68] During times of unified party control, majorities have attempted (with varying levels of success) to enact their major policy priorities through the budget reconciliation process, resulting in legislation constrained past more narrow, monetary rules (e.g. any legislation that includes provisions on social security may exist filibustered, so the Senate cannot accost information technology). Meanwhile, public approval for Congress as an institution has fallen to its everyman levels always, with big segments of the public seeing the institution as ineffective.[69] Shifting majorities of both parties - and their supporters - have often been frustrated as major policy priorities articulated in political campaigns are unable to obtain passage post-obit an election. Famously, despite the Autonomous Party holding a substantial bulk in the 111th Congress, the "public selection" provision in the Affordable Intendance Deed was removed because one Senator - Joe Lieberman of Connecticut - threatened to filibuster the bill if it remained.

Presidency [edit]

Presidents of both parties have increasingly filled the policymaking vacuum with expanded use of executive power, including executive orders in areas that had traditionally been handled through legislation. For example, Barack Obama effected major changes in immigration policy by issuing work permits to some undocumented workers,[70] while Donald Trump issued several significant executive orders after taking role in 2017, along with undoing many of Obama's initiatives.[71] Equally a result, policy in these areas is increasingly adamant by executive preference, and is more easily changed after elections, rather than through more permanent legislative policy.

Judiciary [edit]

The Supreme Court's caseload has declined significantly, with diverse commenters suggesting that the refuse in major legislation has been a major cause.[72] Meanwhile, more than policy issues are resolved judicially without action by Congress — despite the existence of potential unproblematic bulk back up in the Senate — on topics such as the legalization of same-sexual activity marriage.[73]

Impact on major presidential policy initiatives [edit]

The implied threat of a filibuster — and the resulting 60-vote requirement in the modern era — have had major impacts on the ability of recent Presidents to enact their height legislative priorities into law. The effects of the 60-vote requirement are most apparent in periods where the President and both Houses of Congress are controlled past the same political political party, typically in the first 2 years of a presidential term.

Beak Clinton [edit]

In 1993–94, President Beak Clinton enjoyed Autonomous majorities in both chambers of the 103rd Congress, including a 57–43 advantage in the Senate. Yet the Clinton wellness care plan of 1993, formulated by a chore force led by First Lady Hillary Clinton, was unable to pass in office due to the delay. As early as April 1993, a memo to the task force noted that "While the substance is obviously controversial, there is apparently great disquiet in the Capitol over whether nosotros understand the interactivity between reconciliation and health, procedurally, and in terms of timing and counting votes for both measures...."[74]

George W. Bush [edit]

In 2001, President George W. Bush-league was unable to obtain sufficient Democratic support for his tax cutting proposals. Equally a consequence, the Bush tax cuts of 2001 and 2003 were each passed using reconciliation, which required that the tax cuts expire within the x-year budget window to avoid violating the Byrd rule in the Senate. The status of the tax cuts would remain unresolved until the late 2012 "fiscal cliff," with a portion of the cuts being made permanent by the American Taxpayer Relief Act of 2012, passed by a Republican Congress and signed by President Barack Obama.

Barack Obama [edit]

In 2009–10, President Barack Obama briefly enjoyed an effective 60-vote Democratic majority (including independents) in the Senate during the 111th Congress. During that fourth dimension flow, the Senate passed the Patient Protection and Affordable Care Act (ACA), commonly known as "Obamacare," on December 24, 2009 past a vote of 60-39 (afterward invoking cloture past the aforementioned 60-39 margin). However, Obama's proposal to create a public health insurance option was removed from the health care legislation considering information technology could not command threescore-vote support.

House Democrats did not approve of all aspects of the Senate bill, only later on 60-vote Senate control was permanently lost in February 2010 due to the election of Scott Brown to fill the seat of the late Ted Kennedy, House Democrats decided to pass the Senate neb intact and it became law. Several House-desired modifications to the Senate nib — those sufficient to pass scrutiny under the Byrd rule — were then fabricated under reconciliation via the Health Intendance and Educational activity Reconciliation Act of 2010, which was enacted days later post-obit a 56–43 vote in the Senate.

The nigh-sixty-vote Senate majority that Democrats held throughout the 111th Congress was also disquisitional to passage of other major Obama initiatives, including the American Reinvestment and Recovery Deed of 2009 (passed 60–38, three Republicans voting yes)[75] and the Dodd-Frank Wall Street Reform and Consumer Protection Human action (passed 60–39, three Republicans voting yes, one Democrat voting no).[76] All the same, the Business firm-passed American Clean Energy and Security Act, which would have created a cap-and-trade organisation and established a national renewable electricity standard to gainsay climatic change, never received a Senate flooring vote with Majority Leader Harry Reid maxim, "It's easy to count to sixty."[77]

In protest of the extraordinary powers granted to the Executive in the Patriot Act, Senator Rand Paul staged a 13-hour delay, during the Senate confirmation hearings for CIA director John Brennan in March, 2013. He demanded a written confirmation that the executive would not appoint in extrajudicial killings of American citizens on United states of america soil. Attorney General Holder wrote a letter, which secretary Carney read at a press conference, indicating president Obama's support, "The president has non and would not use drone strikes against American citizens on American soil."[78] [79]

Donald Trump [edit]

In 2017, President Donald Trump and the 115th Congress pursued a strategy to employ an FY17 reconciliation neb to repeal the ACA, followed by an FY18 reconciliation bill to pass taxation reform. A budget reconciliation strategy was pursued since nearly all Democrats were expected to oppose these policies, making a filibuster threat insurmountable due to the sixty-vote requirement.

An FY17 upkeep resolution that included reconciliation instructions for health care reform was passed by the Senate by a 51–48 vote on January 12, 2017,[80] and by the Firm on a 227–198 vote the post-obit day.[81] The Firm later on passed the American Health Intendance Act of 2022 as the FY17 budget reconciliation bill past a vote of 217–213 on May 4, 2017. In July, the Senate Parliamentarian ruled that certain provisions of the Business firm nib must be stricken (as "inapplicable" non-budgetary matter) under the Byrd rule before proceeding under reconciliation.[82] The Parliamentarian later ruled that an FY17 reconciliation beak must exist adopted by the end of FY17, establishing a September 30 deadline.[83] Senate Republicans were unable to obtain 51 votes for any health care reconciliation bill earlier the borderline, and the FY17 budget resolution expired.

An FY18 budget resolution that included reconciliation instructions for tax reform was passed by the Senate by a 51–49 vote on Oct 19, 2017,[84] and past the House on a 216–212 vote on October 26, 2017.[85] It permitted raising the deficit by $1.5 trillion over x years and opening drilling in the Chill National Wild fauna Refuge, the latter to help secure the eventual vote of Alaska Sen. Lisa Murkowski who voted against FY17 wellness care reconciliation legislation. The Senate later passed the Tax Cuts and Jobs Act of 2022 (unofficial title) every bit the FY18 reconciliation bill by a 51–48 vote on December 20, 2017,[86] with last passage by the Business firm on a 224–201 vote later that day.[87] Due to the budget resolution'southward cap of $1.5 trillion in additional deficits over 10 years, plus Byrd rule limits on adding deficits across 10 years, the corporate tax cutting provisions were made permanent while many of the private tax cuts expire after 2025.

President Trump repeatedly called on Senate Republicans to abolish or reform the filibuster throughout 2022 and 2018.[88] [89]

Joe Biden [edit]

The 117th United States Congress began with Republican command of the Senate on Jan 3, 2021. Two days later, Georgia Senators Jon Ossoff (D) and Raphael Warnock (D) were elected in runoff elections, resulting in a fifty–50 tie. Democrats became the majority political party when Ossoff, Warnock, and Alex Padilla (D-CA) were sworn in on January 20; Vice President Kamala Harris had been sworn in a few hours earlier. However, reorganization of the Senate and Democratic control of committees (hence confirmation of Biden Administration nominees) and hearings on legislation was delayed until February 3. The agreement meant that committee votes that ended in ties would go to the full Senate; Senators Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) promised not to vote to terminate the filibuster.[90] U.South. Senator Kyrsten Sinema explained her opposition in June 2021, claiming that catastrophe the delay would lead to "repeated radical reversals in federal policy, cementing uncertainty, deepening divisions, and further eroding Americans' confidence in our regime."[91] President Biden expressed support for reforming or abolishing the filibuster afterward Senate Republicans led past Mitch McConnell blocked the Liberty to Vote Human activity along party lines on October 20, 2021.[92] [93] On January 20, 2022, the Senate voted confronting changing its rules to allow a contend and roll call vote on voting rights legislation. Every Republican senator voted against the rule change along with Senators Manchin and Sinema.[94]

Proposals for reform [edit]

In addition to elimination (either wholly or for sure matters), several procedural alternatives accept been proposed to alter or reform the filibuster rule.

Talking delay [edit]

Some reformers debate that the filibuster should exist returned to its origins, in which senators were required to hold the floor and speak at length to delay a nib. Since obstruction would be more visible, the reform might benefit major bills that the minority "is willing to block covertly but not overtly".[95] For instance, a 2012 proposal by Sen. Jeff Merkley (D-OR) would require that if between 51 and 59 senators support a cloture motion, contend would continue only until there is no opposing Senator speaking. At that point, some other cloture vote would be triggered with only a simple majority to pass.[96]

Gradually lowering the 60-vote threshold [edit]

In 2013, Sen. Tom Harkin (D-IA) advocated for steadily reducing the cloture threshold each time a cloture vote fails. The number of votes required would be reduced by three on each vote (e.k. from 60 to 57, 54, 51) until a uncomplicated majority was required. Harkin envisioned that this rule would still allow the minority to bring visibility to and tedious down a bill, and since the whole process would have viii days the majority would accept incentive to compromise with the minority. The Senate defeated the idea by voice vote in 2013.[97]

Minority pecker of rights [edit]

As an culling to blocking the majority'southward calendar, some proposals have focused instead on granting the minority the right to have its own agenda considered on the floor. For example, in 2004 then-Business firm Minority Leader Nancy Pelosi (D-CA) proposed a "minority bill of rights" for the House of Representatives that would accept guaranteed the minority the right to offer its own alternatives to bills under consideration.[98] The Business firm Republican majority did not endorse her proposal, and Pelosi in turn did not grant those rights when Democrats took command of the House in 2007.[99]

Process for limiting or eliminating the delay [edit]

Co-ordinate to the Supreme Court's ruling in United States v. Ballin (1892), Senate rules can exist changed by a elementary majority vote. However, under current Senate rules, a rule change could itself exist filibustered, requiring 2-thirds of senators who are present and voting to terminate debate. (This differs from the usual requirement for three-fifths of sworn senators.)[100]

Nuclear option [edit]

Despite the two-thirds requirement described in a higher place being written into the Senate rules, whatever Senator may attempt to nullify a Senate rule, starting by making a signal of gild that the rule is unconstitutional or just that the meaning of the rule should not be followed. The presiding officer is generally expected to rule in favor of the rules of the Senate, simply under rule Xx, "every appeal therefrom shall exist decided at once, and without argue" and therefore by a simple bulk every bit there is no need for a vote on cloture.

Process to invoke the nuclear selection [edit]

This happened in 2013, when Harry Reid of the Democratic Party raised a point of gild that "the vote on cloture under rule XXII for all nominations other than for the Supreme Court of the United states is by majority vote". The presiding officeholder overruled the point of order, and Reid appealed the ruling. Mitch McConnell of the Republican Party raised a parliamentary inquiry on how many votes were required to entreatment the chair's ruling in that example. The presiding officer replied, "A majority of those Senators voting, a quorum being present, is required." Reid'southward appeal was sustained past a 52–48 vote, and the presiding officeholder then ruled that the Senate had established a precedent that cloture on nominations other than those for the Supreme Court requires only a elementary majority.[100] [101]

Procedurally, the events described went as follows:[102]

Mr. REID. I raise a signal of order that the vote on cloture under dominion XXII for all nominations other than for the Supreme Court of the U.s. is past majority vote.
The PRESIDENT pro tempore. Under the rules, the point of gild is not sustained.
Mr. REID. I entreatment the ruling of the Chair and ask for the yeas and nays.
(48–52 vote on upholding ruling of the chair)
The PRESIDENT pro tempore. The decision of the Chair is not sustained.
The PRESIDENT pro tempore. *** Under the precedent set past the Senate today, November 21, 2013, the threshold for cloture on nominations, not including those to the Supreme Courtroom of the United States, is now a bulk. That is the ruling of the Chair.[103]

A new precedent was thus established allowing for cloture to be invoked by a simple majority on executive nominations, excluding those to the Supreme Court of the United states of america.

On April 6, 2017, that precedent was further changed by McConnell and the Republican majority, in a 52–48 vote, to include Supreme Courtroom nominations.[104] [53] [105] [106]

Other forms of filibuster [edit]

While talking out a measure is the nigh mutual grade of filibuster in the Senate, other means of delaying and killing legislation are available. Considering the Senate routinely conducts business by unanimous consent, one member can create at least some filibuster by objecting to the asking. In some cases, such as considering a bill or resolution on the day it is introduced or brought from the Firm, the delay can exist equally long as a day.[107] Still, because this is a legislative 24-hour interval, not a calendar day, the majority can mitigate it by briefly adjourning.[108]

In many cases, an objection to a request for unanimous consent will hogtie a vote. While forcing a single vote may non exist an effective delaying tool, the cumulative effect of several votes, which take at to the lowest degree 15 minutes apiece, can be substantial. In addition to objecting to routine requests, senators can strength votes through motions to curb and through quorum calls. Quorum calls are meant to establish the presence or absence of a constitutional quorum, just senators routinely use them to waste time while waiting for the next speaker to come up to the floor or for leaders to negotiate off the floor. In those cases, a senator asks for unanimous consent to dispense with the quorum call. If another senator objects, the clerk must continue to phone call the curl of senators, just as they would with a vote. If a phone call shows no quorum, the minority can force another vote by moving to asking or compel the attendance of absent-minded senators. Finally, senators tin force votes by moving to adjourn, or by raising specious points of social club and appealing the ruling of the chair.

The most effective methods of delay are those that forcefulness the majority to invoke cloture multiple times on the same measure. The most mutual example is to filibuster the movement to go along to a nib, then filibuster the bill itself. This forces the majority to go through the entire cloture process twice in a row. If, as is common, the majority seeks to pass a substitute amendment to the neb, a farther cloture procedure is needed for the amendment.

The Senate is particularly vulnerable to serial cloture votes when it and the House have passed unlike versions of the same bill and want to go to conference (i.eastward., appoint a special commission of both chambers to merge the bills). Normally, the bulk asks for unanimous consent to:

  • Insist on its amendment(s), or disagree with the Firm's amendments
  • Request, or agree to, a briefing
  • Authorize the presiding officer to engage members of the special committee

If the minority objects, those motions are debatable (and therefore subject to a filibuster) and divisible (meaning the minority tin can force them to exist debated, and filibustered, separately).[107] Additionally, later the first 2 motions pass, only before the tertiary does, senators tin offer an unlimited number of motions to give the special commission members non-binding instructions, which are themselves debatable, amendable, and divisible.[109] As a result, a determined minority can cause a great deal of filibuster before a conference.

Longest filibusters [edit]

Below is a table of the ten longest filibusters to have place in the U.s. Senate since 1900.

Longest filibusters in the U.S. Senate since 1900[110] [111]
Senator Date (began) Measure Hours &
minutes
011 ThurmondStrom Thurmond (D-S.C.) August 28, 1957 Civil Rights Human action of 1957 (filibuster) 24:xviii
022 DAmatoAlfonse D'Amato (R-N.Y.) Oct 17, 1986 Defense Authorization Act (1987), amendment 23:thirty
033 MorseWayne Morse (I-Ore.) April 24, 1953 Submerged Lands Act (1953) 22:26
04four CruzTed Cruz (R-Tex.) September 24, 2013 Continuing Appropriations Human activity (2014) (delay) 21:18
055 LaFolletteRobert M. La Follette, Sr. (R-Wisc.) May 29, 1908 Aldrich–Vreeland Act (1908) xviii:23
06six ProxmireWilliam Proxmire (D-Wisc.) September 28, 1981 Debt ceiling increase (1981) sixteen:12
07vii LongHuey Long (D-La.) June 12, 1935 National Industrial Recovery Act (1933), amendment 15:30
8 MerkleyJeff Merkley (D-Ore.) Apr 4, 2017 Supreme Court confirmation of Neil Gorsuch (delay) xv:28
9 DAmatoAlfonse D'Amato (R-N.Y.) October five, 1992 Revenue Act (1992), amendment 15:14
1010 PotatoChris Murphy (D-Conn.) June 15, 2016 Nominally H.R. 2578; supporting gun control measures (filibuster) 14:50

Encounter likewise [edit]

  • Blue slip
  • Mr. Smith Goes to Washington, a 1939 moving picture in which a filibuster is a major plot chemical element
  • Senate concur
  • Senatorial courtesy
  • Reconciliation (United States Congress)

References [edit]

  1. ^ U.Southward. Constitution, Commodity I, Sec. three, Cl. vi.
  2. ^ a b U.S. Constitution, Article I, Sec. 5, Cl. 2.
  3. ^ U.S. Constitution, Article I, Sec. seven, Cl. 2 & 3.
  4. ^ U.S. Constitution, Article II, Sec. ii, Cl. 2.
  5. ^ U.Southward. Constitution, Article V.
  6. ^ The Federalist, No. 22
  7. ^ a b c Gilded, Martin (2008). Senate Process and Practise (2nd ed.). Rowman & Littlefield. p. 49. ISBN978-0-7425-6305-6. OCLC 220859622. Retrieved March 3, 2009.
  8. ^ Kilgore, Ed (February 26, 2021). "What the Filibuster Has Price America". New York Magazine.
  9. ^ "Filibuster". History.com. August 21, 2018.
  10. ^ Folder, Sarah (Apr 22, 2010). "The History of the Filibuster". Brookings . Retrieved June xiv, 2012.
  11. ^ "U.S. Senate: Filibuster and Cloture". www.senate.gov . Retrieved December thirteen, 2016. The Business firm and Senate rulebooks in 1789 were nearly identical. Both rulebooks included what is known as the "previous question" motion. The House kept their motion, and today it empowers a simple majority to cut off debate. The Senate no longer has that rule on its books.
  12. ^ a b "Delay and Cloture". U.s. Senate. Retrieved March five, 2010.
  13. ^ 55 Congressional Record p. 45 (March 8, 1917)
  14. ^ See John F. Kennedy'southward Profiles in Courage (chapter on George Norris) for a description of the issue.
  15. ^ "What is Dominion 22?", Rule22 (blog), Word press, May 28, 2011, archived from the original on May 21, 2011, retrieved May 26, 2011
  16. ^ Mayhew, David (January 2003). "Supermajority Dominion in the United states Senate" (PDF). PS: Political Scientific discipline & Politics. 36: 31–36. doi:10.1017/S1049096503001653. S2CID 154995056.
  17. ^ Bomboy, Scott. "On this day, Wilson's ain rule helps defeat the Versailles Treaty - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved May 15, 2019.
  18. ^ "CQ Almanac Online Edition". library.cqpress.com.
  19. ^ a b "Irresolute the Rule". Delay. Washington, DC: CQ-Whorl Call Group. 2010. Archived from the original on June 7, 2010. Retrieved June 24, 2010.
  20. ^ a b Senate Rules Committee, Senate Cloture Rule, S. Prt. 112-31, prepared by the Congressional Research Service (2011)
  21. ^ "Strom Thurmond Biography". Strom Thurmond Establish. Archived from the original on July 9, 2011. Retrieved January 6, 2009.
  22. ^ Kelly, Jon (Dec 12, 2012). "The art of the filibuster: How exercise y'all talk for 24 hours straight?". BBC News Magazine. BBC. Retrieved March 7, 2021.
  23. ^ CQ Almanac 1959, Senate Rules Change
  24. ^ "Civil Rights Delay Ended". Art & History Historical Minutes. United States Senate. Archived from the original on January 12, 2017. Retrieved March 1, 2010.
  25. ^ Klein, Ezra (2020). "Affiliate 8: When Bipartisanship Becomes Irrational". Why We're Polarized. New York: Gorging Reader Press.
  26. ^ Mariziani, Mimi and Lee, Diana (April 22, 2010). "Testimony of Mimi Marizani & Diana Lee, Brennan Heart for Justice at NYU Schoolhouse of Police force, Submitted to the U.South. Senate Committee on Rules & Administration for the hearing entitled "Examining the Delay: History of the Delay 1789–2008"". Examining the Filibuster: History of the Delay 1789–2008. Usa Senate Commission on Rules & Assistants. p. 5. Retrieved June 30, 2010.
  27. ^ Notation: Senator Robert C. Byrd wrote in 1980 that he and Senator Mike Mansfield instituted the "2-runway organisation" in the early 1970s with the blessing and cooperation of Senate Republican leaders while he was serving as Senate Bulk Whip. (Byrd, Robert C. (1991). "Party Whips, May nine, 1980". In Wendy Wolff (ed.). The Senate 1789–1989. Vol. ii. Washington, D.C.: 100th Congress, 1st Session, Due south. Con. Res. 18; U.S. Senate Bicentennial Publication; Senate Document 100-twenty; U.S. Government Printing Office. p. 203. ISBN9780160063916 . Retrieved June 30, 2010. ).
  28. ^ "Senate Activeness on Cloture Motions". The states Senate. Retrieved Jan 26, 2021.
  29. ^ Erlich, Aaron (Nov 18, 2003). "Whatever Happened to the Erstwhile-Fashioned Jimmy Stewart-Style Filibuster?". HNN: George Mason University's History News Network . Retrieved June 30, 2010.
  30. ^ Kemp, Jack (Nov 15, 2004). "Force a real filibuster, if necessary". Townhall. Retrieved March i, 2010.
  31. ^ Schlesinger, Robert (Jan 25, 2010). "How the Filibuster Changed and Brought Tyranny of the Minority". Politics & Policy. U.S. News & World Report. Retrieved June 24, 2010.
  32. ^ "Resolution to improve Dominion XXII of the Standing Rules of the Senate". The Library of Congress. January 14, 1975. Retrieved February xviii, 2010. [ permanent dead link ]
  33. ^ Wawro, Gregory J. (April 22, 2010). "The Delay and Delay Reform in the U.Southward. Senate, 1917–1975; Testimony Prepared for the Senate Committee on Rules and Administration". Examining the Filibuster: History of the Delay 1789–2008. The states Senate Committee on Rules & Administration. Retrieved July 1, 2010.
  34. ^ Byrd, Robert C. (Apr 22, 2010). "Statement of U.S. Senator Robert C. Byrd, Senate Committee on Rules and Administration, "Examining the Filibuster: History of the Delay 1789–2008."". Examining the Filibuster: History of the Filibuster 1789–2008. United States Senate Committee on Rules & Administration. p. 2. Retrieved July 1, 2010.
  35. ^ Bach, Stanley (Apr 22, 2010). "Statement on Filibusters and Cloture: Hearing before the Senate Committee on Rules and Assistants". Examining the Filibuster: History of the Filibuster 1789–2008. U.s.a. Senate Committee on Rules & Administration. pp. 5–7. Retrieved July 1, 2010.
  36. ^ Gold, Martin B. and Gupta, Dimple (Winter 2005). "The Constitutional Option to Change the Senate Rules and Procedures: A Majoritarian Means to Overcome the Filibuster" (PDF). Harvard Journal of Law & Public Policy. 28 (1): 262–64. Retrieved July ane, 2010.
  37. ^ Beth, Richard; Stanley Bach (Dec 24, 2014). Filibusters and Cloture in the Senate (PDF). Congressional Research Service. pp. iv, ix.
  38. ^ Allen, Mike; Birnbaum, Jeffrey H. (May xviii, 2005). "A Likely Script for The 'Nuclear Option'". The Washington Post. ISSN 0190-8286. Retrieved January 23, 2017.
  39. ^ Kirkpatrick, David D. (April 23, 2005). "Cheney Backs End of Filibustering". The New York Times. ISSN 0362-4331. Retrieved Jan 23, 2017.
  40. ^ Safire, William (March xx, 2005). "Nuclear Options". The New York Times. ISSN 0362-4331. Retrieved January 23, 2017.
  41. ^ Lochhead, Carolyn (May 24, 2005). "Senate filibuster showdown averted". San Francisco Chronicle . Retrieved January 23, 2017.
  42. ^ "Senators compromise on filibusters". CNN.com. May 24, 2005. Retrieved January 23, 2017.
  43. ^ Gerhardt, Michael; Painter, Richard (2011). "'Boggling Circumstances': The Legacy of the Gang of xiv and a Proposal for Judicial Nominations Reform" (PDF). American Constitution Gild for Law and Policy.
  44. ^ "Senate Rules Committee Holds Series of Hearings on the Filibuster". In The News. The states Senate Committee on Rules & Administration. June 9, 2010. Retrieved July 2, 2010.
  45. ^ Rybicki Due east. (2013). Changes to Senate Procedures in the 113th Congress Affecting the Operation of Cloture (S.Res. 15 and Southward.Res. 16). Congressional Research Service.
  46. ^ Karoun Demirjian (January 24, 2013). "Senate approves pocket-sized, not sweeping, changes to the filibuster". Las Vegas Sun . Retrieved January 31, 2013.
  47. ^ Bolton, Alexander (Jan 24, 2013). "Liberals irate as Senate passes watered-down delay reform". The Hill . Retrieved Jan 31, 2013.
  48. ^ a b Peters, Jeremy W. (November 21, 2013). "In Landmark Vote, Senate Limits Use of the Filibuster". The New York Times.
  49. ^ a b c d Kathleen Hunter (November 21, 2013). "U.S. Senate changes rules to stop minority from blocking nominations". Concord Monitor.
  50. ^ a b Jeremy Westward. Peters (October 31, 2013). "G.O.P. Delay of two Obama Picks Sets Upwardly Fight". The New York Times.
  51. ^ Bolton, Alexander (Oct 12, 2015). "Senate Republicans open door to weakening the filibuster". The Hill . Retrieved Oct 12, 2015.
  52. ^ a b SENATE GOES NUCLEAR: McConnell kills the filibuster for Supreme Court nominees to get Trump's court pick over the top Retrieved April vi, 2017.
  53. ^ a b c Senate Session | C-SPAN.org Retrieved February 14, 2021
  54. ^ Ted Barrett (April 9, 2017). "61 Senators sign letter to preserve filibuster rules". CNN . Retrieved January 12, 2022.
  55. ^ Elana Schor (Apr 7, 2017). "Bipartisan pitch to save filibuster gets 61 senators' endorsement". Pol . Retrieved January 12, 2022.
  56. ^ "Senators Collins, Coons Pb Effort to Preserve lx Vote Threshold for Legislation". Apr vii, 2017. Retrieved January 12, 2022.
  57. ^ Steven T. Dennis (January 21, 2021). "McConnell Threatens Senate'southward Unity Kickoff Over Filibuster Fears". Bloomberg News. Archived from the original on January 21, 2021. Retrieved January 22, 2021.
  58. ^ "McConnell folds, drops filibuster objection, signals readiness for rules resolution". MSNBC . Retrieved January 25, 2021.
  59. ^ "McConnell allows Senate power-sharing deal to accelerate after fight with Democrats over filibuster - CNNPolitics". Retrieved January 26, 2021.
  60. ^ Zupnick, Opinion by Eli. "Opinion: Republican obstructionism has gone far plenty. It'southward fourth dimension to do abroad with the delay". CNN.
  61. ^ "Senate Legislative Process". U.s. Senate . Retrieved February 12, 2017.
  62. ^ 19 United states of americaC. § 2191(grand)
  63. ^ v United statesC. § 801(b)(2)
  64. ^ 50 UsaC. § 1544(b)
  65. ^ fifty U.South.C. § 1545
  66. ^ l U.s.C. § 1546
  67. ^ Zhou, Li (December 14, 2021). "Turns out the Senate can make an exception to the filibuster if information technology wants to". Vox.
  68. ^ Marziani, Mimi; Backer, Jonathan; Kasdan, Diana (2012). "Curbing Filibuster Abuse" (PDF). Brennan Center for Justice. Retrieved February 2, 2021. {{cite spider web}}: CS1 maint: url-condition (link)
  69. ^ "Congress and the Public". Gallup. Gallup, Inc. October 12, 2007. Retrieved May 21, 2019.
  70. ^ Baddour, Dylan (June 23, 2016). "Explained: Obama'due south executive activeness on immigration". Houston Chronicle. Hearst Communications. Retrieved May 21, 2019.
  71. ^ "Here'south the Full Listing of Donald Trump's Executive Orders". NBC News. NBCUniversal. Retrieved May 21, 2019.
  72. ^ "Solicitor General: Supreme Court'south shrinking caseload due to fewer laws enacted by Congress - Harvard Law Today". harvard.edu . Retrieved March 19, 2018.
  73. ^ Liptak, Adam (June 26, 2015). "Supreme Court Ruling Makes Aforementioned-Sex Marriage a Correct Nationwide Image". The New York Times . Retrieved May 21, 2019.
  74. ^ Politician, How Clinton W.H. Bungled Health Care, February 28, 2022 (visited June fifteen, 2017)
  75. ^ "U.S. Senate: U.S. Senate Curlicue Call Votes 111th Congress - 1st Session". www.senate.gov . Retrieved September thirty, 2020.
  76. ^ "U.South. Senate: U.S. Senate Roll Call Votes 111th Congress - 2nd Session". www.senate.gov . Retrieved September 30, 2020.
  77. ^ Coral Davenport and Darren Samuelson, Dems pull plug on climate bill, Politician, July 22, 2010 (visited June 17, 2017)
  78. ^ "Press Briefing by Press Secretarial assistant Jay Carney, 3/7/2013". whitehouse.gov. March 7, 2013.
  79. ^ "Rand Paul says he is satisfied with Obama administration's response on drones". March 7, 2013.
  80. ^ "Vote on S. Con. Res. 3, 115th Congress". U.Due south. Senate . Retrieved October 28, 2017.
  81. ^ "Concluding Vote Results for Roll Call 58, 115th Congress". U.S. House of Representatives . Retrieved October 28, 2017.
  82. ^ Primary, Cyra (July 25, 2017). "Senate parliamentarian: More parts of ObamaCare repeal will need 60 votes". TheHill . Retrieved October 26, 2017.
  83. ^ Sullivan, Peter (September 1, 2017). "Senate rulemaker: Fast-runway for ObamaCare repeal ends this month". The Hill . Retrieved October 28, 2017.
  84. ^ "Curlicue Telephone call vote on H.Con.Res. 71 as amended". U.S. Senate . Retrieved October 28, 2017.
  85. ^ "Final Vote Results for Roll Call 589". U.S. House of Representatives . Retrieved Oct 28, 2017.
  86. ^ "Vote on H.R. 1, 115th Congress". U.Due south. Senate . Retrieved Dec 28, 2017.
  87. ^ "Final Vote Results for Curl Telephone call 699". U.Southward. Firm of Representatives . Retrieved December 28, 2017.
  88. ^ Mccaskill, Nolan D. (September 15, 2017). "Trump renews telephone call to end the delay". POLITICO . Retrieved Oct 23, 2021.
  89. ^ Bresnahan, John; Everett, Burgess; Ferris, Sarah (June 26, 2018). "Trump to GOP: Dump the filibuster before Schumer does". Political leader . Retrieved October 23, 2021.
  90. ^ Levine, Marianne (February iii, 2021). "Schumer and McConnell concord to organizing resolution for 50-fifty Senate". Political leader . Retrieved February 3, 2021.
  91. ^ Kyrsten Sinema Democratic U.South. Senator representing Arizona) (June 22, 2021). "Opinion: Kyrsten Sinema: We accept more than to lose than gain by catastrophe the filibuster". Archived from the original on June 22, 2021. Retrieved June 26, 2021.
  92. ^ Pilkington, Ed (October 22, 2021). "Biden gives strongest signal he's ready to move to end Senate filibuster". The Guardian. ISSN 0261-3077. Retrieved October 23, 2021.
  93. ^ Hulse, Carl (October 22, 2021). "Biden Bolsters Filibuster Foes, but a Fight May Wait for a Budget Deal". The New York Times. ISSN 0362-4331. Retrieved Oct 23, 2021.
  94. ^ "Senate Democrats fail to change rules on filibuster to pass voting rights". www.cbsnews.com . Retrieved January 21, 2022.
  95. ^ Matthews, Dylan (November 17, 2012). "Volition Senate Democrats' filibuster reform program change annihilation? Experts reply a resounding 'Maybe.'". The Washington Post . Retrieved Apr five, 2019.
  96. ^ Matthews, Dylan (December 13, 2012). "Sen. Jeff Merkley's talking filibuster: How it would piece of work". The Washington Postal service . Retrieved April v, 2019.
  97. ^ Mark Strand & Tim Lang, The U.Due south. Senate Filibuster: Options for Reform, Congressional Plant, September 25, 2017
  98. ^ Pelosi Proposes Minority Bill of Rights, June 24, 2004
  99. ^ Pearson, Kathryn (August 12, 2008). "Lesson of energy contend: Majority party controls the agenda". MinnPost. Retrieved Apr five, 2019.
  100. ^ a b "Precedence of motions (Rule XXII)". Rules of the Senate. United States Senate. Archived from the original on January 31, 2010. Retrieved January 21, 2010.
  101. ^ "Congressional Record: Senate, Nov. 21, 2013". www.congress.gov. Archived from the original on July 12, 2019. Retrieved July 12, 2019.
  102. ^ "Raw: Senate Votes to Alter Filibuster Rules". YouTube. Associated Press. Retrieved November 22, 2021.
  103. ^ "Congressional Tape — Senate" (PDF). November 21, 2013. pp. S8417–18. Retrieved January 10, 2021.
  104. ^ "U.Southward. Senate: Senate Flooring Action - Th, April 6, 2017". April six, 2017. Retrieved January 27, 2021.
  105. ^ Flegenheimer, Matt (April half-dozen, 2017). "Senate Republicans Deploy 'Nuclear Option' to Clear Path for Gorsuch". The New York Times. ISSN 0362-4331. Retrieved April vi, 2017.
  106. ^ Latimer, Matt (Apr vi, 2017). "RIP U.S. Senate, 1789-2017". Politician Magazine . Retrieved April 6, 2017.
  107. ^ a b Gregg, Senator Judd (Dec 1, 2009), To Republican Colleagues (Letter of the alphabet), Politico
  108. ^ 2010Congressional Record, Vol. 156, Page S1819 to S1821, where a brief adjournment was used for a similar reason.
  109. ^ Riddick'due south Senate Procedure Archived February 22, 2007, at the Wayback Machine, "Instruction of Conferees", p. 479.
  110. ^ Cassandra Vinograd (June 16, 2016). "The Longest Filibusters: Where Does Chris Murphy Stack Upwardly?". NBC News . Retrieved June 16, 2016.
  111. ^ Fisher, Theresa. "x Longest Filibusters in Senate History". Van Winkle's . Retrieved Nov 20, 2015.

Further reading [edit]

  • Adam Jentleson (2021). Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy. Liveright. ISBN978-1631497773.
  • Richard A. Arenberg; Robert B. Dove (2014). Defending the Filibuster, Revised and Updated Edition: The Soul of the Senate. Indiana University Press. ISBN978-0253016270.

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Source: https://en.wikipedia.org/wiki/Filibuster_in_the_United_States_Senate

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