The Filibuster: Tyranny of the Minority?

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The Filibuster: Tyranny of the Minority The filibuster continues to be an area of controversy in the United States Senate. Critics of the rule claim that it has corrupted and even broken the institution, while proponents claim that the rule is a savior for the minority against unpopular laws instituted by the majority. Throughout history, the filibuster has shown its potentially dangerous side as well as its positive benefits. After any major party shift in the Senate, it seems that there is always talk of filibuster reform by the new majority. Although reform debates persist, rules and procedures regarding the filibuster have yet to be significantly changed since 1975, when the cloture rule was last amended. The debate has been revived recently with the heightened level of obstructionism in the U.S. Senate by the Republican minority. In this examination, the evolution of filibuster rules and procedures will be discussed. Finally, an argument for reform of the filibuster will be provided by refuting key points made by supporters of the rule. History of Filibuster and Cloture Rules The true history of the filibuster began in 1789 when Rule IX was established which was set up to read as “shall the question now be put.” This initial rule was argued by some to be the first instance of cloture in the Senate. In 1806, the previous questions motion, as it was called, was eliminated, setting the Senate up for possible filibusters since no rule existed that could effectively end debate. Despite the elimination of Rule IX, there were no real filibusters in the U.S. Senate until the 1830s (Wawro & Schickler, 2006, p. 14). The filibuster had not been a major problem in the Senate until the 1840s. The first major incident occurred in ... ... middle of paper ... ... time. It seems to be an endless cycle, every session the majority calls for reform but backs down because they fear that the filibuster will be needed once they return to the minority. References Binder, Sarah A., & Mann, Thomas E. (1995). Slaying the Dinosaur: The Case for Reforming the Senate Filibuster. The Brookings Review, 13 (3), pp. 42-46. Frenzel, Bill. (1995). Defending the Dinosaur: The Case for Not Fixing the Filibuster. The Brookings Review, 13 (3), pp. 47-49. Gold, Martin B. (2008). Senate Procedure and Practice (2nd ed.). New York: Rowman & Littlefield Publishers, Inc. Resolution to Amend Rule XXII of the Standing Rules of the Senate, S. Res. 4, 94th Cong., (1975). Wawro, Gregory J., & Schickler, Eric. (2006). Filibuster: Obstruction and Lawmaking in the U.S. Senate. Princeton: Princeton University Press.

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