Five Facts: Eliminating The Filibuster
In January, presidential candidate Sen. Elizabeth Warren (D-MA) said she was open to eliminating the filibuster should Democrats win back the Senate and the White House during the next election cycle. This step would allow the party to push through some of its most ambitious, and controversial, proposals without Republican support.
While the filibuster remains a contentious topic, it is unusual for politicians to push for it to be eliminated. In the words of Sen. Jacky Rosen (D-NV) when asked for her position, “what you think today might be in your favor might not be in your favor tomorrow.”
Here are five facts on the filibuster and the prospect of eliminating it:
1. According to The New York Times, a filibuster is a tool used by the Senate minority to prevent a vote or confirmation. When deployed, filibusters can be used to completely block a bill that has the support of the Senate majority. This has happened a number of times throughout history, from Sen. Huey Long (D-LA) arguing against the passage of a New Deal program in 1935, to Sen. Strom Thurmond (D-SC) arguing against the Civil Rights Act of 1957, to Sen. Rand Paul (R-KY) arguing against confirming CIA Director John Brennan in 2013.
2. In 1806 Senate rules changed to allow filibusters, which were designed to ensure minority opinions were heard before votes were cast. Historians of the U.S. Senate note that while filibusters began to be used in the mid-19th century to prevent the governing body from voting on a bill, they didn’t become popular governing tools for another hundred years.
3. According to No Labels, the filibuster has been used more than 1,300 times since 1917. However, this number does not reflect the dramatic rise in the use of the filibuster over the past few decades. Before 1990, the filibuster had only been used 413 times. But in the last 12 years alone, the filibuster has been used close to 600 times.
4. Contrary to popular belief, not all legislation can be filibustered. Vox reports that bills that have gone through the budget reconciliation process cannot be filibustered. In recent years, as the number of filibusters have increased so too have the number of bills that have completed the budget reconciliation process.
5. Measures have already been taken to reduce the power of the filibuster. In 1917, President Wilson pushed for the Senate to adopt a cloture vote, a tool that has the ability to end a filibuster. When a cloture vote is called, there is a 30-hour window before the final vote is held. According to Quartz, cloture votes are far more common now than they have been in the past. And in 2013, filibusters for executive and judicial nominees were eliminated.
No Labels is an organization of Democrats, Republicans, and independents working to bring American leaders together to solve problems.
