A quote on the Facebook page of Sen. Bernie Sanders that is making the rounds in social media blames Republican filibusters for Senate dysfunction is inaccurate and an over
simplification. The quote indicates 252
filibusters, but no source is cited.
The number seems to be a combination of the cloture motions
filed almost exclusively by Sen. Harry Reid in the 111th and 112th
Congresses. They add up to 252. Almost
all of these motions were initiated by Harry Reid and do not require a
filibuster by the Republicans to be initiated and in some cases the filibusters
are initiated by Democrats. There are a
variety of reasons for him to invoke cloture.
A better indicator is the number of cloture motions actually voted upon
and invoked, which was 104 in that same period.
Cloture was introduced early in the 20th century
to make the Senate move legislation that is held up by filibuster or the threat
of a filibuster. A look at this web site
will show that the filibuster is not unique to the Republicans. http://tinyurl.com/8cg6ux In fact, Sen. Sanders was made famous in 2010
for his 8 hour filibuster that later became a book.
A filibuster can be any range of tactics to stop or delay a
vote on legislation in the Senate. It
has a long tradition in the U.S. Senate and many may remember Jimmy Stewart in
the movie Mr. Smith Goes to Washington passionately pleading his case for what
is right against those in power. This
form of filibuster is the one we recognize.
Cloture votes, as an indicator of filibusters, have been
increasing since the 1960s. Like so many
things in our political culture it is a reflection of division. But remember that the Senate is supposed to
be the real home of deliberation and debate while the House is more the home of
current popular will. That is why
Senators are elected for six years rather than 2.
There have been efforts over the years to limit debate in
the Senate. Most of these changes are an
imposition of the majority on the minority for the sake of “efficiency.” In 2013 Sen Harry Reid and his fellow Democrats
eliminated filibusters on executive branch nominations and federal judicial
appointments using the so-called nuclear option. This will come back to haunt them one day
soon when they are in the minority.
To quote Factcheck.org on this general issue of minority
rights in the Senate: “Where you stand on obstructionist behavior depends on
where you sit. McConnell in 2006 was in the majority and found the Democrats,
from time to time, to engage in “pointless” obstructionism. Today, the
Democrats are in power and find McConnell to be an obstructionist. In both
cases, the minority party defends its right to slow the process in the world’s
most deliberative body and improve legislation.”
An excellent reference on this topic is http://lawreview.law.ucdavis.edu/issues/47/1/Articles/47-1_Jacobi-VanDam.pdf
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