51 votes, 60 votes and Filibustering

What is the filibuster?

It might be easiest to start with where the word filibuster came from. In the book Politics and Principle, Sarah Binder and Steven Smith set forth the history of the word in a section they call “From Freebooters to Filibusters .” The word filibuster only actually came into play in the senate in the late nineteenth century. According to Binder and Smith, the origin of the word appears to be a cross between the English and Dutch for free booty, a term to describe looters who lived on others’ booty and spoils. The Dutch was translated into English as flibutor, and then became freebooter. The word slowly became filibuster and was used in the Senate to describe Senators who had developed techniques for holding up legislation that they were opposed to.

The ability to filibuster has its roots in the founding period and in the Standing Rules of the Senate. It is important to note that filibusters are not the normal occurrence, and in fact they are rarely employed. Filibusters can only be used when a Unanimous Consent Agreement is not in place, meaning that all Senators have not agreed to limit debate. If all the Senators do agree to limit debate through the Unanimous Consent Agreement, which most often is the case, the filibuster is no longer an option. The ability to filibuster is drawn from the rule of unlimited debate. The senate is permitted to debate on a bill unlimitedly, unless before debate, all Senators agree to limit their ability to debate that issue. Thus, on non-controversial matters, Senators will usually waive their right to unlimited debate.

“Generally characterized in the public mind as a non-stop speech, a filibuster in the fullest sense employs every parliamentary maneuver and dilatory motion to delay, modify, or defeat legislation. ” So, the filibuster is not just one senator rambling on and on to hold up the floor of the Senate, as is characterized by Jimmy Stewart, in “Mr. Smith goes to Washington.” Although, this can be an integral part of it. The filibuster also employs a full arsenal of motions and objections. For example, one senator could add an unlimited amount of amendments to the bill, despite germaneness , and debate them all. In addition he can continually ask that a quorum call be in effect, keeping senators there at all hours. The key to the filibuster is to continually hold the floor and refuse to yield it to anyone but your supporters. If you are the only one filibustering, than you must keep the floor by yourself. One Senator said about invoking a filibuster, “if it takes unanimous consent, object. If not, you make a little speech, suggest and absence of quorum, then…use parliamentary procedures…motions to adjourn, motions to recess… ”

The filibuster is the last resort when it comes to stopping legislation. Most Senators do not want to start a filibuster because it virtually stops all floor action on any legislation, tying the floor up on one bill. Although on the floor it is the last resort, sometimes threatening a filibuster can be a powerful bargaining chip. By threatening to filibuster, Senators are able to give their input on a bill, possibly changing it, or preventing it from even being scheduled. Senator Byrd once said, “In many instances, it’s the threat of the filibuster that keeps a bill from coming up. ”

source: http://en.wikipedia.org/wiki/Cloture

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The procedure for "invoking cloture," or ending a filibuster, is as follows:

* A minimum of sixteen senators must sign a petition for cloture.
* The petition may be presented by interrupting another Senator's speech.
* The clerk reads the petition.
* The cloture petition is ignored for one full day during which the Senate is sitting (If the petition is filed on a Friday, it is ignored until Monday, assuming that the Senate did not sit on Saturday or Sunday.)
* On the second calendar day during which the Senate sits after the presentation of the petition, after the Senate has been sitting for one hour, a "quorum call" is undertaken to ensure that a majority of the Senators are present.
* The President of the Senate or President pro tempore presents the petition.
* The Senate votes on the petition; three-fifths of the whole number of Senators (sixty with no vacancies) is the required majority; however, when cloture is invoked on a question of changing the rules of the Senate, two-thirds of the Senators voting (not necessarily two-thirds of all Senators) is the requisite majority.

After cloture has been invoked, the following restrictions apply:

* No more than thirty hours of debate may occur.<8>
* No Senator may speak for more than one hour.
* No amendments may be moved unless they were filed on the day in between the presentation of the petition and the actual cloture vote.
* All amendments must be relevant to the debate.
* Certain debates on procedure are not permissible.
* The presiding officer gains additional power in controlling debate.
* No other matters may be considered until the question upon which cloture was invoked is disposed of.

The ability to invoke cloture was last attained by a US political party in the 111th Congress, by the Democrats, with the help of two independents..<9>

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