One of the ways in which Congress observes the principle of ‘majority rule with respect for minority rights’ is the Senate filibuster. Over the years the filibuster has become an increasingly used tool by the minority party. Do some of your own research on the filibuster. Describe how lawmakers use the filibuster. Do the rules for the use of the filibuster need to be changed? Why or why not? Should the filibuster be seen as an important protection for the minority or a significant obstacle to getting things done?
Modern Use (The "Silent" Filibuster): Today, a filibuster is typically a threat or a formal declaration of intent. Since 1970, with the implementation of a "two-track system" that allows the Senate to move on to other business while a filibuster is pending, senators no longer need to physically hold the floor. Instead, they simply inform the majority leader they will object to ending debate.
The Cloture Vote: To defeat a filibuster and end debate, the majority party must invoke cloture. This requires a supermajority of three-fifths of all senators (currently 60 votes). If the majority leader cannot secure 60 votes, the bill is effectively blocked or shelved.
Sample Answer
The Senate filibuster is a rule allowing for unlimited debate that can be used by a minority of senators to delay or block a vote on a bill, resolution, or other debatable question.
How Lawmakers Use the Filibuster
Lawmakers use the filibuster to prevent a simple majority from passing legislation, effectively imposing a supermajority requirement for the Senate to conduct business.
Traditional Use (Rare): Historically, a senator or group of senators would physically stand on the Senate floor and speak for hours—or days—to "talk a bill to death". This rarely happens today due to modern Senate rules.