The filibuster

The Filibuster

Filibuster comes from the a Dutch word meaning 'pirate' and relates to an attempt by a minority within a legislative chamber to 'hijack' or delay a bill, thus blocking a vote. Only Senators has the power to launch a filibuster.

How does it work?
In order to delay a vote a Senator simply has to hold the floor. In practice, filibustering is physically demanding as the senator must remain standing and talking throughout, if they sit down the filibuster ends. Senators can team up with other Senators to continue with a filibuster. Storm Thurmond from South Carolina holds the records for the longest filibuster in history that lasted 24 hours and 18 minutes against the Civil Rights Act 1957.

• In March 2013 Rand Paul spoke for 12 hours and 52 minutes to delay a vote to confirm Obama's choice of CIA director John O. Brennan
• There have also been 'pseudo filibusters' which were not done to delay a vote but long speeches in protest of something: Ted Cruz in September 2013 spoke for 21 hours and 19 minutes against Obamacare, Bernie Sanders in 2010 also spoke out against Obamacare for 8 hours and 37 minutes

How does a filibuster end?

• The senator can simply sit down and relinquish the right to speak, but here it can also be prolonged by another senator who takes the floor to begin his/her own speech
• Senate majority leader may decide the issue is not worth spending so much time on, and abandon the bill under consideration
• The Senate can pass a cloture motion to end the filibuster which requires a three-fifths majority of the Senate (60 out of 100 votes) 

Do filibuster help or hinder democracy?

• Can be argued to enhance democracy as it protects the democratic right of groups to have their opinions heard (e.g. Wendy Davis's 2013 filibuster against a bill greatly restricting abortions for 10 hours)
• Tyranny of the minority but also prevents the tyranny of the majority
• Forces a president to seek 'consensus-building' - forces him to seek compromise and seek bipartisanship
• Legislation or appointments takes too long to pass and is sometimes completely abandoned as a result of a filibuster. Over 90% of George W. Bush's judicial nominees were successful compared to just 76% of Barrack Obama's - Obama has had in total 79 of his nominees to government agencies blocked whereas in the 60 years from 1949 to 2009 just 68 presidential nominees were blocked
• Obama's administration has had enough: In November 2013 Democrats in the Senate passed a rule change which allows for filibusters to be ended with a simple majority (51 out of 100 votes), this only applies to presidential nominations to the judiciary and government agencies
• Filibusters have been used to raise politicians profiles - such as Ted Cruz and Rand Paul who gained a lot of publicity