Thursday, May 12, 2005

Filibuster - Definition

Filibuster (EB)
in legislative practice, the parliamentary tactic used in the United States Senate by a minority of the senators—sometimes even a single senator—to delay or prevent parliamentary action by talking so long that the majority either grants concessions or withdraws the bill.

Unlike the House of Representatives, in which rules limit speaking time, the Senate allows unlimited debate on a bill. Speeches can be completely irrelevant to the issue.

The word is derived from the Spanish filibustero (“freebooting”) and originally described piratical 16th-century privateers; it came into English usage to designate anyirregular military adventurer, such as the Americans who took part in Latin-American insurrections in the 1850s. Filibuster was in use in the political sense by the mid-1800s. In 1957 Senator Strom Thurmond of South Carolina talked for more than 24 hours, the longest individual filibuster on record, as part of an unsuccessful attempt by Southern senators to obstruct civil-rights legislation.

Invoking cloture on debate (i.e., limiting or ending a debate by calling for a vote) and holding round-the-clock sessions to tire the minority are measures used to defeat a filibuster.

Filibuster and Cloture US Senate Historian

Using the filibuster to delay debate or block legislation has a long history. In the United States, the term filibuster -- from a Dutch word meaning "pirate" -- became popular in the 1850s when it was applied to efforts to hold the Senate floor in order to prevent action on a bill.

In the early years of Congress, representatives as well as senators could use the filibuster technique. As the House grew in numbers, however, it was necessary to revise House rules to limit debate. In the smaller Senate, unlimited debate continued since senators believed any member should have the right to speak as long as necessary.

In 1841, when the Democratic minority hoped to block a bank bill promoted by Henry Clay, Clay threatened to change Senate rules to allow the majority to close debate. Thomas Hart Benton angrily rebuked his colleague, accusing Clay of trying to stifle the Senate's right to unlimited debate. Three quarters of a century later, in 1917, the Senate adopted a rule (Rule 22) at the suggestion of President Woodrow Wilson that allowed the Senate to end a debate with a two-thirds majority vote -- a tactic known as "cloture."

The new Senate rule was put to the test in 1919, when the Senate invoked cloture to end a filibuster against the Treaty of Versailles. Despite the new cloture rule, however, filibusters continued to be an effective means to block legislation, due in part to the fact that a two-thirds majority vote is difficult to obtain. Over the next several decades, the Senate tried numerous times to evoke cloture, but failed to gain the necessary two-thirds vote. Filibusters were particularly useful to southern senators blocking civil rights legislation in the 1950s and 1960s. In 1975, the Senate reduced the number of votes required for cloture from two-thirds (67) to three-fifths (60) of the 100-member Senate.

Many Americans are familiar with the hours-long filibuster of Senator Jefferson Smith in Frank Capra's film Mr. Smith Goes to Washington, but there have been some famous filibusters in the real-life Senate as well. During the 1930s, Senator Huey P. Long effectively used the filibuster against bills that he thought favored the rich over the poor. The Louisiana senator frustrated his colleagues while entertaining spectators with his recitations of Shakespeare and his reading of recipes for "pot-likkers." Long once held the Senate floor for fifteen hours. The record for the longest individual speech goes to South Carolina's J. Strom Thurmond who filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957.