17,394
edits
Changes
Jump to navigation
Jump to search
Line 6:
Line 6: − + + +
→Origins
After 1917 the most famous filibusters were undertaken by Southern Democrats to block civil rights legislation. The record for the longest filibuster is held by Senator [[Strom Thurmond]], who filibustered against the Civil Rights Act of 1957 for 24 hours, 18 minutes.<ref>http://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm</ref>
After 1917 the most famous filibusters were undertaken by Southern Democrats to block civil rights legislation. The record for the longest filibuster is held by Senator [[Strom Thurmond]], who filibustered against the Civil Rights Act of 1957 for 24 hours, 18 minutes.<ref>http://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm</ref>
==Origins==
==Senate Rules==
The right of unlimited debate in the Senate was rejected by the [[Founding Fathers]]. The Continental Congress adopted Rule 10. It followed the practice of the British Parliament and precedent allowed a simple majority to cut off debate by a motion for "the previous question." This rule was included in sections 8 and 9 of the rules adopted by the first Senate in 1789, was included in Jefferson's ''Manual of Parliamentary Practice,'' and was part of the Senate's rules until it was removed in 1806. The change in 1806 allowed unlimited debate.
The right of unlimited debate in the Senate was rejected by the [[Founding Fathers]]. The Continental Congress adopted Rule 10. It followed the practice of the British Parliament and precedent allowed a simple majority to cut off debate by a motion for "the previous question." This rule was included in sections 8 and 9 of the rules adopted by the first Senate in 1789, was included in Jefferson's ''Manual of Parliamentary Practice,'' and was part of the Senate's rules until it was removed in 1806. The change in 1806 allowed unlimited debate.
The fundamental issue to those who defend the right to filibuster has been the protection of minority rights. The desire to weaken presidential influence over the upper chamber, not free speech, was instrumental in the decisions of 1826 and 1828 that gave the Senate the ultimate authority to discipline its members. The defeat of the 1856 amendment requiring a Senator to confine himself to the question under debate marked the beginning of over a century of unrestricted debate. The defense of lengthy debate by [[John C. Calhoun]] was a matter of senatorial courtesy, but for his successors it became an inalienable, abstract right.<ref> Richard R. Beeman, "Unlimited Debate in the Senate: the First Phase," ''Political Science Quarterly'' 1968 83(3): 419-434 </ref>
Before 1917 there was no provision for '''cloture''', or shutting off debate. In response to the filibuster of a bill to arm American merchant ships that were under attack by German U-Boats (before war was declared), the Senate adopted the two-thirds rule for cloture putting a halt to debate on an issue.
Before 1917 there was no provision for '''cloture''', or shutting off debate. In response to the filibuster of a bill to arm American merchant ships that were under attack by German U-Boats (before war was declared), the Senate adopted the two-thirds rule for cloture putting a halt to debate on an issue.