1. Filibusters in the U.S. Senate
Christopher M. Davis
American Bakers Association
September 23, 2011

2. What is a Filibuster?
 Intent to block a
measure or matter
by preventing a
vote
 Tools: Extended
debate,
amendment, and
motions
 Possibility of two
filibusters on one
bill
 Ended only by
cloture or by
unanimous consent

3. VIDEO: Hollywood Filibuster

4. Senate Rules Make Filibusters Possible
 Most business occurs
by unanimous consent
 Presiding Officer may
not use the power of
recognition to control
business
 No debate-ending
motion in Senate rules
 Few limits on the
number or order of
amendments
 No general
germaneness rule

5. Ending Debate: Invoking Cloture
 May be filed on any pending debatable question
 Petition signed by at least 16 Senators
 Roll call vote two days of session later after a
mandatory live quorum call
 Approval requires 3/5 of all Senators (2/3 of
those present and voting for rules changes)
 Under cloture, question remains unfinished
business with 30-hour cap on consideration
 Amendments must be germane and filed by
specific deadlines

6. VIDEO: Cloture Motion

7. Where Has “Mr. Smith” Gone?
 Increasing use of
Senate “holds”
 Rules and
precedents favor
the filibusterer, not
the majority
 Opportunity cost
and the filibuster
 Cloture and the
“60-vote Senate”

8. VIDEO: Present Filibuster

9. Final Observations
 Avoiding the
filibuster: the
rise of
commissions
and “fast track”
statutes
 Is the Senate
“broken?”
 Citadel: The role
of the Senate in
our system