Skip to content
Subscribe

Why The Filibuster Remains Crucial to Our Republic

Why The Filibuster Remains Crucial to Our Republic
Published:

The all-powerful ability to form cloture in the Senate.

Since the beginning of the Republic, the feature of requiring three-fifths (or at times two-thirds) of the Senate to cut-off debate of a topic has been used for political jockeying and as a legitimate tactic for the minority position to be heard.

While a viable tactic, it has been one that has had mixed results -- sometimes only slowing the inevitable down.Longest Filibusters in the US Senate | InsideGov

Other times, such as Senator Chris Murphy's (D-CT) filibuster trying to convince Republican leaders to allow votes on gun control issues, filibusters work. Republican leaders acquiesced to the demands and conceded to allowing votes to occur.

Sometimes the filibuster is a protest on one's own majority party, as was the case with Ted Cruz's (R-Texas) filibuster that was only supported by 19 fellow Republicans and brought down the anger of the Republican leadership -- anger that would eventually hurt his presidential bid in 2016.

But most often, as in the case of Strom Thurmond's marathon filibuster in 1957, not a single vote changed and the Civil Rights Act passed as written.

The scholarly opinion since the 1990's has been that the threat of filibuster in the Senate has created a de facto super-majority requirement for legislation to become law.

Prior to the 20th century, filibusters weren't as common, largely due to the senator's beholden to the state legislatures and Senate politics were often marked by entrenched state/region-specific issues.

Senators first loyalty was to their state legislatures, then party alliances (often determined by the make-up of the state legislature). Once senators were no longer beholden to the individual states, their first allegiance seems to be their political party, not the voter.

Because of this, factions could form that could gain enough votes to stage a filibuster.

So why doesn't the Senate change the rules, especially when one party controls the Senate with an overwhelming majority?

Almost 20 times during the 20th century, the Democrats had super-majorities in the Senate. They could have changed the rules at any time. Why didn't they?

They did some constant tinkering with the rules, making it easier to break filibusters with a 3/5 vote instead of a 2/3, but the practice was left unscathed.

Simply put, the Democrats knew full well that the tides of politics ebb and flow; eventually, they may be using the same stalling practices.

While Senator Murphy got his way in this most recent filibuster, it's definitely not a given that the other side will cave to demands. In fact, it often strengthens resolves.

The idea of a filibuster is that it is a tool within our system for the minority opinion to be heard. Our country is based on the principle of majority rule, with respect of the minority opinion.

Once the minority opinion no longer has a voice, the entire process just becomes a rubber stamp for the majority's will.

We need the filibuster to remain where it is, a tool to be brought out and used when things need to be slowed down or when bad legislation needs more press coverage.

Because in the end, public opinion of the filibuster is often the only true measure of whether or not it will be effective -- Senate leaders can't ignore public opinion without taking the risk of losing support.

Adhere to the IVN etiquette

By posting a comment, you agree to adhere to our etiquette rules: No partisan attacks, no personal attacks, substantiate your sources, no self-promotion.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Republish this article

Republishing guidelines

Republish IVN articles for free. Independent Voter News articles may be republished online or in print under a Creative Commons BY-NC-ND 4.0 license, on these terms:

  1. Credit the author and IVN. Keep the byline ("By Author Name, Independent Voter News") and the attribution note at the end, which links to the original.
  2. Keep the meaning. You may update time and place references and apply your house style. You may trim for length, as long as the cuts don't change the meaning or misrepresent the author. Keep the headline. Mark any additions as your own (for example "Additional reporting by ...").
  3. Translations are welcome. Translate faithfully, add "Translated from English by [your outlet]", and tell us at editor@ivn.us.
  4. Keep the links, including the link to the original article.
  5. Keep the tracking image. The HTML includes a 1-pixel image that counts readers on your page. It collects no personal information.
  6. Photos and illustrations. Images credited to IVN may be used with this article only. Images credited to others (AP, Getty, Unsplash, Wikimedia and so on) stay under their owners' terms. Secure the rights or switch "Include images" off.
  7. Don't sell it. You can't sell our articles or sell ads specifically against them. Your normal site advertising is fine.
  8. No implied endorsement. Don't suggest that IVN or the author endorses you, your candidates or your causes, or that donations to you support IVN.
  9. Keep labels. Opinion or analysis pieces keep that label.
  10. Point search engines to the original. Where your CMS allows, set the canonical URL to the original IVN article.
  11. No bulk or automated republishing, and don't submit our articles to aggregators (Apple News, Google News, MSN) as your own.
  12. Corrections and removals. Update your copy when we correct it, and remove it promptly if we ask. We'll contact you at the email you give us.
  13. Questions or print republication: editor@ivn.us.

IVN staff: fill in who you're inviting above, then create the invite.

Preparing the article

Why The Filibuster Remains Crucial to Our Republic

Choose a format
  • HTML
  • Email HTML
  • Markdown
  • Formatted (.docx)
  • Plain text
  • WordPress blocks
  • PDF
Choose a platform

Photos credited to others need their owners' permission.

To for

Republishing somewhere else? Questions? editor@ivn.us