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Wednesday, January 5, 2011

postheadericon Is it the filibuster or a failure of enforcement?

On Wednesday the Senate may take up significant rules changes that would limit the ability and opportunity of individual senators, whether they are in the majority or minority parties, to block or delay consideration of a bill, amendment, or executive nomination. Various proposals have been floated namely reducing the number of votes required to invoke cloture, prohibiting debate on the motion to proceed, and abolishing the secret hold which is an easy and lazy way of delaying a bill. On these pages, Rep. James McDermott (D-Wash.) has argued in favor of major restrictions on the right to filibuster.

Ultimately, the solution to the abuse of the filibuster lies not in abolishing it, but enforcing the basic requirements of extended debate. Sen. Strom Thurmond, a then Democrat from South Carolina, held the record for the longest filibuster ever recorded; in 1957 he talked for 24 hours and 18 minutes against President Eisenhower’s (1953-1961) Civil Rights bill. Senator D’Amato spent 15 hours on his feet to filibuster a bill in 1992; that was the 6th longest filibuster in history. Both of these filibusters were ultimately unsuccessful in the short term, and they clearly cost each senator time, resources, and energy.

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