The History and Future of the Filibuster in the U.S. Senate
TLDR The filibuster, a powerful political tool in the U.S. Senate, has its origins in the 19th century and has been used throughout history to block or delay legislation. As the Senate debates the future of the filibuster, discussions arise about its past and whether the Senate rules should be changed.
Timestamped Summary
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The filibuster, a tactic used in the U.S. Senate to block or delay legislation, has its origins in the term "filibusteris" used to describe pirates and adventurers in the 19th century, and continues to be a powerful tool in modern politics.
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Filibusters, even symbolic ones, are a powerful political tool that have been exploited by senators throughout history, and the ongoing battle over the filibuster's future is a battle over its past.
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The filibuster used to be the exception to the rule, but in today's Senate, it's becoming a straight jacket, leading to discussions about whether the Senate rules should be changed.
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The filibuster doesn't actually appear in the Constitution and was not part of the Founding Fathers' vision for the Senate, but rather emerged in 1806 when the Senate got rid of the previous question motion, creating a space for unlimited debate that would become the filibuster.
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The filibuster emerged in the Senate in the 1800s when there was no procedural rule to cut off debate, and it began to be used more frequently after the Civil War as the country faced new questions about its identity and the Senate grew larger and more polarized.
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In 1917, the adoption of the cloture rule allowing senators to end debate by a two-thirds supermajority was prompted by deep divisions in the country over whether the United States should get involved in World War I, specifically in relation to the Armed Ship Bill.
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Between 1917 and 1975, the filibuster became deeply embedded in the fabric of the institution and accepted by senators as a legitimate tactic, particularly against civil rights legislation, prompting numerous attempts to change Rule 22 to lower the threshold required for closure.
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In 1957, Lyndon Johnson was able to convince Southern senators not to filibuster a heavily watered down civil rights bill, but Strom Thurmond later set a Senate record for the longest filibuster in history during the battle over the Civil Rights Act of 1964, which eventually led to a push to reform the cloture rule.
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The filibuster has become a tool of first resort in recent decades, used by both parties to obstruct the majority, and there is a push to get rid of it altogether, known as the nuclear option, which would require a simple majority of 51 senators to end debate and pass bills.
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The filibuster has been used strategically by both parties to push their agendas, but with the elimination of the filibuster for Supreme Court nominees, the bench has become more aligned with the majority party and president's preferences, and it is likely that the filibuster for legislation will eventually be eliminated as well.
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