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On Tuesday, the Minnesota Supreme Court finalized the state’s senate race and declared Democrat Al Franken the winner of the U.S. Senate seat. Franken and former incumbent Republican Norm Coleman have been disputing the election results in court since Election Day, November 4. The media immediately began crowing about the Democrats’ new “filibuster-proof majority”.
There is no such thing.
Senate tradition permits unlimited debate on the bills it considers. A filibuster is an obstructionist tactic used when some senators want to prevent a vote on a bill. Any senator can begin a filibuster on any topic at any time, although they are usually planned. The filibustering senators will take turns endlessly debating the bill before them. They’re trying to change their colleagues’ minds on the subject, or annoy them to the point where they decide to drop the bill altogether. The term first appeared in politics in the 1850s. House of Representatives rules do not permit filibusters.
While most Members of Congress usually vote with their parties, they are never required to do so. Depending on the issue, there are always a few who cross party lines in each direction. So the “majority” changes on any given topic. And Democrats are known for their lack of party discipline.
In 1917, the Senate changed its rules to allow “cloture”, which is the term for ending debate and voting on the bill at hand. At that time, they required 67 votes (2/3) to pass a cloture motion. They changed the rule to 60 votes in 1975. Having 60 votes will help the Democrats to pass legislation, but it’s not a guarantee.
One more time. They need 60 votes to break a filibuster. There are 60 Democratic senators. Any senator can vote to break a filibuster, but they don’t have to do so.
Cloture motions usually fail because it’s difficult to get the 60 votes necessary to approve them. Even with 60 Democrats, each senator still makes her or his own decision.
In the past, senators have used filibusters to prevent votes on the Treaty of Versailles (which ended World War I) and some economic and social legislation during the Depression. The late Sen. Strom Thurmond, D-SC, holds the record for a solo filibuster of 24 hours and 18 minutes. He unsuccessfully tried to block passage of the Civil Rights Act of 1957. Southern senators staged a 57-day filibuster against the Civil Rights Act of 1964. They lost that one, too. Senate liberals used a filibuster to resist passage of the capital gains tax cut in 1991.
Senate Republicans have been threatening and holding filibusters since the 111th Congress opened in January. They have obstructed every effort by President Barack Obama’s administration to repair the damage done by the Bush administration. For the past thirty years, the problem with Congress has been that the Republicans have no morals and the Democrats have no spine. We’ll see if Franken’s presence can change anything.
For more information, go to www.senate.gov and www.infoplease.com.
Comments
There is such a thing as a filibuster proof majority. Goodbye America.
There most certainly is not such a thing.
It only works IF all of the Democrats stick together.
And we all know that such an miracle will never happen.
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