![]() The Legislative Process Filibusters and Cloture The dearth of debate limitations in Senate rules creates the possibility of
filibusters. Individual Senators or minority groups of Senators who
adamantly oppose a bill or amendment may speak against it at great length,
in the hope of changing their colleagues' minds, winning support for
amendments that meet their objectives, or convincing the Senate to
withdraw the bill or amendment from further consideration on the floor.
Opposing Senators also can delay final floor action by offering numerous
amendments and motions, insisting that amendments be read in full,
demanding roll call votes on amendments and motions, and a using a variety
of other devices.
The only formal procedure that Senate rules provide for breaking filibusters
is to invoke cloture under the provisions of paragraph 2 of Rule XXII.
However, cloture cannot be voted until two days after it is proposed, and a
simple majority of the Senate is insufficient to invoke cloture. Cloture
requires the support of three-fifths of the Senators duly chosen and sworn,
or a minimum of 60 votes (unless the matter being considered changes the
standing rules, in which case cloture requires a vote of two-thirds of the
Senators present and voting). For this reason alone, cloture can be difficult
to invoke and almost always requires some bipartisan support. In addition,
some Senators are reluctant to vote for cloture, even if they support the
legislation being jeopardized by the filibuster, precisely because the right of
extended debate is such an integral element of Senate history and
procedure.
Even if the Senate does invoke cloture on a bill (or anything else), the result
is not an immediate vote on passing the bill. The cloture rule permits a
maximum of thirty additional hours for considering the bill, during which
each Senator may speak for one hour. The time consumed by rollcall votes
and quorum calls is deducted from the thirty hour total; as a result, each
Senator does not have an opportunity to speak for a full hour, although he
or she is guaranteed at least ten minutes for debate. Thus, cloture does not
stop debate immediately; it only ensures that debate cannot continue
indefinitely. And even the thirty hours allowed under cloture is quite a long
time for the Senate to devote to any one bill, especially since Senators may
not be willing to invoke cloture until the bill already has been debated at
considerable length.
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