Filibusters in the U.S. Senate
Christopher M. Davis
American Bakers Association
September 23, 2011
What is a Filibuster?
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Intent to block a
measure or matter
by preventing a
vote
Tools: Extended
debate,
amendment, and
motions
Possibility of two
filibusters on one
bill
Ended only by
cloture or by
unanimous consent
VIDEO: Hollywood Filibuster
Senate Rules Make Filibusters Possible
 Most business occurs
by unanimous consent
 Presiding Officer may
not use the power of
recognition to control
business
 No debate-ending
motion in Senate rules
 Few limits on the
number or order of
amendments
 No general
germaneness rule
Ending Debate: Invoking Cloture
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May be filed on any pending debatable question
Petition signed by at least 16 Senators
Roll call vote two days of session later after a
mandatory live quorum call
Approval requires 3/5 of all Senators (2/3 of
those present and voting for rules changes)
Under cloture, question remains unfinished
business with 30-hour cap on consideration
Amendments must be germane and filed by
specific deadlines
VIDEO: Cloture Motion
Where Has “Mr. Smith” Gone?
 Increasing use of
Senate “holds”
 Rules and
precedents favor
the filibusterer, not
the majority
 Opportunity cost
and the filibuster
 Cloture and the
“60-vote Senate”
VIDEO: Present Filibuster
Final Observations
 Avoiding the
filibuster: the
rise of
commissions
and “fast track”
statutes
 Is the Senate
“broken?”
 Citadel: The role
of the Senate in
our system