FILIBUSTER A HISTORY

Definition Refers to obstruction tactics used to prevent a legislative measure from being brought to a vote.

How did it start? House & Senate have “previous question” motion 1805 Vice President Aaron Burr suggest Senate clean up its rules 1806 Senate eliminates “previous question” providing option for delay or blocking legislation Filibuster not used until 1837 when dealing with new charter of U.S. Bank Burr, who had been recently indicted for the killing of Alexander Hamilton, was the leader of the Senate as Vice President. He felt they had too many rules and many were unclear. His sole suggestion was to clean them all up not to necessarily eliminate the “previous question” motion.

Post Civil War to WWI Efforts to obstruct floor votes increase Work loads increase primarily due to legislation concerning: Civil Rights Election Law Nominations As the Senators role increases there are more demands on their time. This begins the slow increase of obstructing floor votes. Efforts to obstruct floor votes increase creating need for change

Senate adds Cloture Means a vote that ends a filibuster President Wilson urges it to aid the war in Europe in 1917 Requires a 2/3 vote of those voting until 1949 Used by Huey Long of Louisiana to promote his liberal agenda, he read Shakespeare & recipes 1939 Jimmy Stewart famous filibuster in Mr. Smith Goes To Washington 1949 changes rule to 2/3 of the entire senate requiring 66 votes Wilson was being thwarted by isolationist Senators in his efforts to aid the allies in WWI prior to our entry. Long’s recipes were called “pot-lickers.”

CIVIL RIGHTS ACT 1957 1953 Wayne Morse of Oregon sets record of 22 hours 26 min. over Oil legislation Strom Thurmond of South Carolina breaks record of 24 hours 18 min. over the Civil Rights Bill of ’57 Despite no cloture, bill still passes due to efforts of Senate leader Lyndon B. Johnson As master of the Senate LBJ allowed no other business to come to the floor until there was a vote on the Civil Rights Act of 1957. However, by the time it got to a vote it was pretty watered down and not very effective.

Civil Rights Act of 1964 Democrats led by Robert Byrd of West Virginia filibuster for 75 hours 14 min. & 83 days Led by Everett Dirksen (R) of Illinois filibuster is ended for only the second time since 1927. He quoted Victor Hugo: “Stronger than all the armies is an idea whose time has come.” Key votes by Clair Engle of California and John Williams of Delaware Final vote 71-29 Dirksen had not been a proponent of any Civil Rights legislation. His effort to end the filibuster was admirable. Senator Engle had suffered a stroke and could not speak. When his name was called for his vote he slowly raised his cane to his eye to signify his vote of “aye” to end the filibuster. Senator Williams vote gave the necessary vote to bring about cloture and eventually the vote on the bill.

Current Practices In 1975 Senate reduces % needed for cloture vote from 2/3 to 3/5 or 60 of the current 100 Senators. This is where it stands today. Some see it as positive since it saves time on the floor for other items Others see it as “Tyranny by the minority” 2005 “nuclear option” unveiled by Republicans to push through Bush II’s judicial nominees 2005 Gang of 14 (7 Dems. & 7 Reps.) promise not to filibuster except in “extraordinary circumstances” Rates of filibuster threats on the rise brings about “talking filibuster”

JAN. 2013 Filibuster Reform Eliminates minority party’s right to filibuster as long as each party has been permitted to present at least two amendments to the bill Does not prevent filibuster of nominations, thus most recent filibuster by Rand Paul over the nomination of CIA director John Brennan What was his real purpose??? Rand Paul wanted to get a confirmation from President Obama that Drones would not be used on American soil against American citizens.