What Exactly Is A Filibuster?

Strom Thurmond shortly after conducting the longest filibuster in American history.

In the United States, senators can use something called a filibuster to delay or block a vote on a bill. It typically happens on the Senate floor when one or more senators are against a bill or piece of legislation and want to stop it from moving forward. The term "filibuster" originally comes from vrijbuiter, the Dutch word for "pirate." However, in this context, it doesn’t literally mean piracy. Rather, it’s more about stalling something through extended debate and talking.

The practice of filibustering began early in the Senate’s history. Ever since it was created, the Senate, through its rules, encourages open discussion rather than rushing to hasty conclusions and decisions. This is different from the House of Representatives, which doesn’t really encourage too much discussion. Another key difference between these two chambers of Congress is that the House has strict time limits on debates, while in the Senate, members can speak for as long as they wish. Debates and speeches can continue indefinitely, unless enough senators vote on it to cut it off and come to a decision. The longest filibuster on record is that of Strom Thurmond in 1957 when he spoke for over 24 hours. His filibuster opposed a civil rights bill.

How the Filibuster Works

A filibuster hinges on Senate Rule XXII about ending debate, which is called cloture. To close discussion and vote, 60 out of 100 senators (60%) must agree to the cloture. Thus, if 60 votes aren’t reached, talking continues, and the bill just stays there as it is. Senators take turns speaking, sometimes for hours, to run out the clock or push others to change the bill. They don’t always need to talk nonstop, because just hinting at a filibuster can slow things down. In modern times, a senator might use a silent filibuster instead, where the threat alone keeps everything stuck. When cloture fails, the bill’s supporters either fix it up or drop it entirely.

This process ties into how the Senate deals with its tasks and duties. Bills come up, get talked about, and need lots of support to move on, but a filibuster messes up that rhythm. The 60-vote rule for cloture started in 1975, after years of needing 67 votes, which was way tougher to get. Before then, filibusters stopped more bills, since fewer senators could hold up the majority. Now, with 60 votes as the target, it’s still hard to beat, especially when parties don’t see eye to eye. The rule gives the minority a chance to fight back against stuff they don’t like.

The History Behind the Filibuster

The filibuster wasn’t put in the Constitution, but it grew out of how the Senate was set up. The framers wanted the House to move fast, showing what people wanted right then, while the Senate took its time to mull things over. That slower speed came from giving senators six-year terms and no cutoff on talking. In the early 1800s, senators saw they could keep debating to stall votes, and so the filibuster got started. It didn’t happen much at first, but by the mid-1900s, it turned into a common trick, especially on hot topics like civil rights or money stuff.

Over time, the filibuster changed how laws got made. Southern senators used it in the 1950s and 1960s to drag out voting rights bills, trying to keep things as they were. Those plans fell apart when cloture votes finally won, but the holdups proved its strength. Other times, it pushed lawmakers to tweak things, like when they adjusted health care laws to scrape up enough votes. The filibuster’s job has always been about letting the minority speak up. Today, it’s still a big move for any bunch wanting to pump the brakes on the majority.

Why the Filibuster Matters

The filibuster shapes what Congress can pull off, often picking which bills make it or flop. It’s killed laws on stuff like gun rules or climate fixes when support didn’t hit 60 votes. Critics say it clogs up the works, pointing to times it held back aid for workers or kids. Supporters argue it’s a brake on power, stopping one party from steamrolling the other. Without it, they say, the Senate would just nod along to whatever the majority wants, skipping over smaller states or ideas. That push-and-pull makes it a big deal in Washington.

Big moments in history show what it can do. In 1964, a filibuster against the Civil Rights Act dragged on for weeks until enough senators broke it with a cloture vote. More lately, it’s kept health care changes from happening when parties couldn’t settle. The filibuster makes lawmakers hash things out, sometimes cooking up better bills through deals. Other times, it just freezes everything, ticking off anyone hoping for action. Whether it’s a help or a headache depends on who’s watching and what’s on the line.