What Is the Filibuster and How Is It Being Used?
What’s It About? The filibuster is a tool that allows U.S. senators to halt progress on legislation by engaging in extensive debate. The Issue? Once universally acknowledged as a means of protecting minority rights and of facilitating compromise, filibusters are now often derided as grossly unfair. Is the filibuster a legislative atrocity?
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1. What is the relationship between the filibuster and the rights of the party in the minority?
2. How does cloture work?
3. What is the so-called nuclear option? How did the nuclear option affect the nomination and eventual confirmation of Neil Gorsuch to the Supreme Court?
4. Do the merits of the filibuster outweigh its defects, and would you support or oppose the elimination of the Senate rule that permits filibusters?
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1. The filibuster is often seen as a means to protect the rights of the party in the minority. By allowing senators to engage in extended debate and potentially block or delay legislation, it gives minority parties the opportunity to voice their concerns and potentially influence the outcome of certain bills.
2. Cloture is a procedure to end a filibuster and bring the debate to a close. Under Senate rules, cloture requires the support of three-fifths (currently, 60 out of 100) senators to invoke. Once cloture is invoked, it limits further debate on the legislation to a specific timeframe, allowing the Senate to move forward with voting on the bill.
3. The so-called nuclear option refers to a procedural tactic used by Senate majorities to override rules and change how the filibuster operates. In 2013, then-Senate Majority Leader Harry Reid used the nuclear option to eliminate the use of filibusters for most nominations by presidents, except for Supreme Court justices. In 2017, Senate Majority Leader Mitch McConnell expanded the use of the nuclear option to include Supreme Court nominations, ultimately leading to the confirmation of Neil Gorsuch.
4. The merits and defects of the filibuster are subjective and often debated. Supporters argue that it protects minority rights, encourages bipartisanship and compromise, and serves as a check against majority power. Opponents argue that it leads to gridlock and obstruction, allowing a minority party to block legislation and prevent the majority from governing effectively. Whether to support or oppose the elimination of the filibuster depends on one's perspectives on these issues. Some argue for a reformation of the filibuster rather than its complete elimination.
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