Pointing to the Center

Background Information Post ¹

Filibuster is a method of the Senate (and formerly the House of Represenatives) to hold “endless” debates. [1.  http://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm ] It is dervied from a Dutch word meaning pirate. ²  To prevent a filibuster, Senators can call for the end of debate by Rule 22 known as ‘cloture’.  ³  A motion is made to end debate, and if the motion receives two-thirds vote, the debate is ended and the issue can be put to a vote.  ⁴  The option for cloture has not always been around. ⁵  Rule 22 was created that allows for the cloture motion in 1917. ⁶  

More recently, with Republicans holding a majority in the Senate, the Republican leadership threatened to modify Rule 22 to require only a simple majority. [7.  http://www.law.com/jsp/article.jsp?id=1111781921564 ]  The change would essentially allow the party in control to end debate and thus effectively end filibuster.  This move ultimately failed by a group of Senators from both parties agreeing to oppose such a change.  ⁷  The move to change Rule 22 became better known as the “Nuclear Option”. ⁸

Personal Note:  Putting aside the advantages and disadvantages of the nuclear option, the filibuster allows the minority party to hold ‘power’ in the legislative process.  Had the Republicans been successful in changing Rule 22 to a simple majority, they would be left with little recourse today (as they will be the minority party in the coming Congress and assuming they did not change the rule back).

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