Filibustering << FIHL uh `buhs` tuhr ihng >> is the practice by which a minority in a legislature uses extended debate to block or delay action on a proposed bill. Members of the minority make long speeches, demand roll calls, propose useless motions, and use other tactics to delay or kill a bill. If the minority prevents a vote on a bill, the bill cannot become law.
In the United States, the Senate has a tradition of unlimited debate. A senator who holds the floor may speak without interruption. The Senate can end a filibuster by reaching informal compromise with the filibusterers or by invoking the cloture rule to end debate (see Cloture). This rule was adopted in 1917 and strengthened in 1979 and 1986. Under the cloture rule, a vote of 60 senators, three-fifths of the Senate membership, can limit each senator to one hour of debate on most bills. Final action on a bill is required within 30 hours after the cloture rule has been invoked. Today, many senators seek agreement of 60 of their colleagues prior to debate on controversial legislation to avoid a filibuster.
In 2013, the Democratic-controlled Senate voted to limit the use of the filibuster for most presidential appointments and nominations by invoking the so-called “nuclear option.” The controversial Senate action overturned the rule requiring a 60-vote majority for the approval of judicial and executive branch nominees. Under the rule change, the Senate can end debate on a nominee with a simple majority of 51 votes. The new rule did not apply to Supreme Court nominees or to legislation. The fundamental rule change followed unprecedented use of the filibuster by Republicans during the administration of Democratic President Barack Obama. Opponents of the measure claimed the change would undermine minority rights in Congress. In 2017, Republicans controlling the Senate invoked the nuclear option to bypass the Democrats’ filibuster of Supreme Court associate justice nominee Neil Gorsuch. The Senate voted 54-45 to confirm Gorsuch’s nomination to the high court despite stiff Democratic opposition.
From 1917 to 1962, Southerners opposed to civil rights bills staged many filibusters. During these years, cloture was invoked only four times. Today, filibusters and clotures occur routinely on a wide range of bills.
Collectively, the longest filibuster since the cloture rule was adopted lasted 75 days and involved the Civil Rights Bill of 1964. Individually, Senator Strom Thurmond of South Carolina filibustered 24 hours and 18 minutes in a debate over a different civil rights bill in 1957.
The word filibuster originally meant pirate. Some members of Congress charged that the use of delaying tactics to block the will of the majority was like filibustering (piracy).
Canada’s parliament has time limitations for a member to debate a bill. Filibusters still can occur when an entire party permits each of its members to debate an issue for his or her allotted time. The parliaments of Australia and New Zealand also have time limits upon debates by members. Filibusters can still be accomplished in other ways. For example, opposition members can add on thousands of unimportant amendments to a bill to delay voting.
