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1 - Definition :

The filibuster in the United States Senate is a tactic used to prolong debate and delay or
prevent a vote on a bill, resolution, amendment, or other debatable question.

It allows a senator to speak for as long as they wish, effectively delaying the legislative
process. The Senate's rules place few restrictions on debate, so if no other senator is
speaking, a senator who seeks recognition is entitled to speak for as long as they wish.

It is sometimes referred to as "talking a bill to death" or "talking out a bill"

The filibuster has been a key component of the Senate’s unique role in the American political
system. The tactic of using long speeches to delay action on legislation appeared in the very
first session of the Senate.
The filibuster is not enumerated in the U.S. Constitution and only became theoretically
possible with a change of Senate rules in 1806, and was not used until 1837.

2 - History of filibuster : (History)


The use of the filibuster in the U.S. Senate has undergone significant changes over time,
evolving from a rare and physically demanding effort to a common and strategic tool of
legislative obstruction.

The term "filibuster" was first used in the 1850s, but the tactic itself appeared in the very
first session of the Senate on September 22, 1789.

The filibuster was not a planned part of the Senate's rules. It was created inadvertently in
1806 when the Senate, at the suggestion of Vice President Aaron Burr, removed the rule that
allowed for a motion for the previous question, which had previously been used to cut off
debate.
This change made it possible for senators to speak indefinitely, a power that was first
exercised in 1841 when the Democratic minority attempted to prevent a vote on a bill to
establish a national bank, marking the beginning of the filibuster as a recognized
parliamentary maneuver. Whig senator Henry Clay threatened to change Senate rules to limit
debate, which led to the first discussions of what we now call "cloture," a method to end
debate and force a vote
Changes to Cloture Rules
Originally, there was no formal rule for ending a filibuster. This changed in 1917 when the
Senate adopted a rule that allowed a two-thirds majority to end a filibuster through cloture.
In 1975, the Senate reduced the cloture threshold from two-thirds to three-fifths, or 60
votes. The removal or substantial limitation of the filibuster by a simple majority, rather than
a rule change, is called the constitutional option by proponents, and the nuclear option by
opponents.

Civil Rights and the Filibuster


Throughout its history, the filibuster has been notably used to block civil rights legislation.
Southern senators frequently used the filibuster to prevent the passage of civil rights laws.
The most famous filibuster in this context was by Senator Strom Thurmond of South Carolina,
who spoke for 24 hours and 18 minutes against the Civil Rights Act of 1957. The tactic gained
infamy for its use by Southern senators to maintain segregation and oppose civil rights for
African Americans. It wasn't until 1964 that the Senate managed to invoke cloture on a civil
rights bill.

3 - Modern Filibuster : (Nowadays)


In recent decades, the nature of the filibuster has transformed significantly. Traditionally,
senators had to physically stand and speak on the Senate floor to maintain a filibuster, a
demanding effort. However, the modern filibuster no longer requires such physical
endurance. Instead, senators can now indicate their intention to filibuster, effectively
blocking legislation without the need for continuous speech. This "silent" or "stealth"
filibuster has made it easier for senators to use the tactic, leading to an increase in its
frequency and making the filibuster a more potent tool for minority parties to influence or
halt legislation.

Calls for Reform


There have been calls to reform or eliminate the filibuster, with critics arguing that it is anti-
democratic and contributes to legislative gridlock. However, changing Senate rules to address
the filibuster would require significant support, which has been difficult to achieve.

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