Posted on 02/05/2026 4:34:00 AM PST by marktwain
The United States Constitution did not create the filibuster. The practice exists entirely because of Senate rules and precedents developed over time.
From early in the Senate’s history, the ability of Senators to speak for unlimited amounts of time was used as a tool to slow down legislation, as a bargaining chip to gain concessions on bills, or to block bills altogether. This extended use of “debate” became known as a filibuster.
For decades, there was talk about changing the Senate rules to limit debate, but nothing was done until 1917. During the administration of President Woodrow Wilson, the Senate adopted Rule XXII, creating a process known as “cloture.” Under the original rule, debate could be cut off by a two-thirds supermajority of senators present and voting. The cloture vote was used only 5 times over the next 40 years.
In 1975, the Senate changed the rule from requiring a 2/3 supermajority of senators voting to end debate to a 3/5 supermajority of all senators correctly chosen and sworn in. A cloture vote to limit debate has come to require 60 votes.
The use of the filibuster, limited by a cloture vote, has become increasingly common over time. It has become the primary legislative tool for the party in the Senate minority to stop controversial bills.
The Senate rules can be changed with a simple majority vote. When the Democratic Party controlled the Senate in 2013, Majority Leader Harry Reid orchestrated a rule change to exempt votes of all nominees except for the Supreme Court from the 60-vote requirement for cloture. When the Republicans took control of the Senate, they expanded the exemption to include all nominees.
Currently, a vote to stop debate in the Senate requires 60 votes for legislation. An exemption exists for budget reconciliation, as required in the Budget
(Excerpt) Read more at ammoland.com ...
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Not that long ago, as I remember, the filibuster was considered unethical, exceptional, to be used only in extreme situations.
Blocking the will of the people!
That was when Republicans were constant minority.
When Dems became minority, the filibuster became a rule.
Basically anything now needs 60 votes in the senate.
Maybe, we should return to the old practice, each side allowed one or two filibusters a year!
I think that’s a good idea.
Wish we could get rid of the 17th amendment!
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