Filibuster Origins
A filibuster is a procedural tactic used in representative democracies. Through it, a person or party attempts to prevent the passage of a particular piece of business by refusing to yield the floor. He talks and talks constantly until the given legislation is removed, he grows too tired to continue or a supermajority, usually three-fifths or more, of the legislators votes. It appears most often in the U.S. Senate, where procedural rules allow it to flourish.
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The Term
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The term "filibuster" comes from a Dutch/English conglomeration, meaning, "free booty" or "freebooter." The term has piratical connotations, which may explain how it came to be used in the U.S. Senate. Filibustering Senators would "hijack" debate by droning on and on, or developing other tactics, to keep the bills they opposed from being meaningfully discussed.
Founders' Intents
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The Junto Society does not believe that the filibuster was a part of the original founding fathers' intentions. A majority of Senators must approve legislation in order to pass it, not the supermajority required to overcome a filibuster. Supermajorities were left for a few very specific circumstances, such as the impeachment of a President. Rule 22, which requires a two-thirds vote from the Senate to end debate and move legislation forward, did not take effect until 1917. As of 2010, a supermajority stands at a three-fifths majority, or 60 Senators. This change took place in 1975.
The House of Representatives
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In the early years of the United States, the House of Representatives had the right to filibuster as well as the Senate. This changed as the Republic grew and the House added more members; it needed to limit debate if it wished to get anything done. The Senate, which was always a smaller body, retained the practice of filibustering as a part of its dedication to lengthier debate.
1841
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The first filibuster in the U.S. Senate took place on March 5, 1841. It lasted six days, and was invoked during the debate over whether to fire Senate printers. Later that year, Senator Henry Clay attempted to end debate over a bill to charter the Second Bank of the United States by creating new rules by which a majority vote could move a bill forward. Senator William King countered him with a threatened filibuster, and Clay retreated from his position.
Increased Use
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Use of the filibuster has increased dramatically since the 1970s. In the whole of the 19th century, the Senate enacted less than 24 filibusters. In the 110th Congress of 2007-2008, Senators in the minority Republican Party filibustered or attempted to filibuster 139 times.
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