Filibusters Cloture And Holds In The Senate
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Filibusters Cloture And Holds In The Senate
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Author : David J. Gilgram
language : en
Publisher:
Release Date : 2010
Filibusters Cloture And Holds In The Senate written by David J. Gilgram and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Filibusters And Cloture In The Senate
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Author : Congressional Research Congressional Research Service
language : en
Publisher: CreateSpace
Release Date : 2014-12-24
Filibusters And Cloture In The Senate written by Congressional Research Congressional Research Service and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-24 with categories.
The filibuster is widely viewed as one of the Senate's most characteristic procedural features. Filibustering includes any use of dilatory or obstructive tactics to block a measure by preventing it from coming to a vote. The possibility of filibusters exists because Senate rules place few limits on Senators' rights and opportunities in the legislative process. In particular, a Senator who seeks recognition usually has a right to the floor if no other Senator is speaking, and then that Senator may speak for as long as he or she wishes. Also, there is no motion by which a simple majority of the Senate can stop a debate and allow itself to vote in favor of an amendment, a bill or resolution, or most other debatable questions. Most bills, indeed, are potentially subject to at least two filibusters before the Senate votes on final passage: first, a filibuster on a motion to proceed to the bill's consideration and, second, after the Senate agrees to this motion, a filibuster on the bill itself. Senate Rule XXII, however, known as the cloture rule, enables Senators to end a filibuster on any debatable matter the Senate is considering. Sixteen Senators initiate this process by presenting a motion to end the debate. In most circumstances, the Senate does not vote on this cloture motion until the second day of session after the motion is made. Then, it requires the votes of at least three-fifths of all Senators (normally 60 votes) to invoke cloture. (Invoking cloture on a proposal to amend the Senate's standing rules requires the support of two-thirds of the Senators present and voting, whereas cloture on nominations other than to the U.S. Supreme Court requires a numerical majority.) The primary effect of invoking cloture on most questions is to impose a maximum of 30 additional hours for considering that question. This 30-hour period for consideration encompasses all time consumed by roll call votes, quorum calls, and other actions, as well as the time used for debate. Under cloture, as well, the only amendments Senators can offer are ones that are germane and were submitted in writing before the cloture vote took place. Finally, the presiding officer also enjoys certain additional powers under cloture such as, for example, the power to count to determine whether a quorum is present and to rule amendments, motions, and other actions out of order on the grounds that they are dilatory. The ability of Senators to engage in filibusters has a profound and pervasive effect on how the Senate conducts its business on the floor. In the face of a threatened filibuster, for example, the majority leader may decide not to call a bill up for floor consideration or to defer calling it up if there are other, equally important bills the Senate can consider and pass with less delay. Similarly, the prospect of a filibuster can persuade a bill's proponents to accept changes in the bill that they do not support but that are necessary to prevent an actual filibuster. This report concentrates on the operation of cloture under the general provisions of Senate Rule XXII, paragraph 2. It identifies modifications (including temporary ones) in rules governing debate agreed to at the beginning of the 113th Congress, but the detailed provisions of these changes are addressed in CRS Report R42996, Changes to Senate Procedures at the Start of the 113th Congress Affecting the Operation of Cloture (S.Res. 15 and S.Res. 16), by Elizabeth Rybicki. This report will be updated as events warrant.
Filibusters And Cloture In The Senate
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Author : Richard S. Beth
language : en
Publisher: DIANE Publishing
Release Date : 2010-08
Filibusters And Cloture In The Senate written by Richard S. Beth and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08 with Political Science categories.
Contents: (1) Right to Debate: Right to Recognition; Right to Speak at Length and the Two-Speech Rule; Motion to Table; (2) Conduct of Filibusters (FB): Germaneness of Debate; Yielding the Floor and Yielding for Questions; Quorums and Quorum Calls; Roll Call Voting; Scheduling FB; (3) Invoking Cloture (CL): When CL May be Invoked: Timing of CL Motions; (4) Effects of Invoking CL: Time for Consid¿n. and Debate; Offering Amend. and Motions: Germane Amend. Only; Amend. in Writing; Multiple Amend.; Dilatory Amend. and Motions; Reading and Division of Amend.; Authority of the Presiding Officer; Bus. on the Senate Floor; (5) Impact of FB: Impact on the Time for Consid¿n.; Prospect of a FB: Holds; Linkage and Leverage; Consensus. Ill.
Defending The Filibuster Revised And Updated Edition
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Author : Richard A. Arenberg
language : en
Publisher: Indiana University Press
Release Date : 2012-08-21
Defending The Filibuster Revised And Updated Edition written by Richard A. Arenberg and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-21 with Political Science categories.
Recent legislative battles over healthcare reform, the federal budget, and other prominent issues have given rise to widespread demands for the abolition or reform of the filibuster in the US Senate. Critics argue that members’ traditional rights of unlimited debate and amendment have led to paralyzing requirements for supermajorities and destructive parliamentary tactics such as "secret holds." In Defending the Filibuster, a veteran Senate aide and a former Senate Parliamentarian maintain that the filibuster is fundamental to the character of the Senate. They contend that the filibuster protects the rights of the minority in American politics, assures stability and deliberation in government, and helps to preserve constitutional principles of checks and balances and separation of powers. Richard A. Arenberg and Robert B. Dove provide an instructive historical overview of the development of Senate rules, define and describe related procedures and tactics, examine cases related to specific pieces of legislation, and consider current proposals to end the filibuster or enact other reforms. Arguing passionately in favor of retaining the filibuster, they offer a stimulating assessment of the issues surrounding current debates on this contentious issue.
Filibusters And Cloture In The Senate
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Author : Valerie Heitshusen
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-04-15
Filibusters And Cloture In The Senate written by Valerie Heitshusen and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-15 with categories.
The filibuster is widely viewed as one of the Senate's most characteristic procedural features. Filibustering includes any use of dilatory or obstructive tactics to block a measure by preventing it from coming to a vote. The possibility of filibusters exists because Senate rules place few limits on Senators' rights and opportunities in the legislative process. In particular, a Senator who seeks recognition usually has a right to the floor if no other Senator is speaking, and then that Senator may speak for as long as he or she wishes. Also, there is no motion by which a simple majority of the Senate can stop a debate and allow itself to vote in favor of an amendment, a bill or resolution, or most other debatable questions. Most bills, indeed, are potentially subject to at least two filibusters before the Senate votes on final passage: first, a filibuster on a motion to proceed to the bill's consideration and, second, after the Senate agrees to this motion, a filibuster on the bill itself. Senate Rule XXII, however, known as the cloture rule, enables Senators to end a filibuster on any debatable matter the Senate is considering. Sixteen Senators initiate this process by presenting a motion to end the debate. In most circumstances, the Senate does not vote on this cloture motion until the second day of session after the motion is made. Then, it requires the votes of at least three-fifths of all Senators, i.e. 60 votes, to invoke cloture. Invoking cloture on a proposal to amend the Senate's standing rules requires the support of two-thirds of the Senators present and voting, whereas cloture on nominations requires a numerical majority. The primary effect of invoking cloture on most questions is to impose a maximum of 30 additional hours for considering that question. This 30-hour period for consideration encompasses all time consumed by roll call votes, quorum calls, and other actions, as well as the time used for debate. Under cloture, as well, the only amendments Senators can offer are ones that are germane and were submitted in writing before the cloture vote took place. Finally, the presiding officer also enjoys certain additional powers under cloture such as, for example, the power to count to determine whether a quorum is present and to rule amendments, motions, and other actions out of order on the grounds that they are dilatory. The ability of Senators to engage in filibusters has a profound and pervasive effect on how the Senate conducts its business on the floor. In the face of a threatened filibuster, for example, the majority leader may decide not to call a bill up for floor consideration or may defer calling it up if there are other, equally important bills the Senate can consider and pass with less delay. Similarly, the prospect of a filibuster can persuade a bill's proponents to accept changes in the bill that they do not support but that are necessary to prevent an actual filibuster. This report concentrates on the operation of cloture under the general provisions of Senate Rule XXII, paragraph 2, though it also identifies key modifications to its application in recent years. This report will be updated as events warrant.
Filibuster
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Author : Gregory J. Wawro
language : en
Publisher: Princeton University Press
Release Date : 2013-10-24
Filibuster written by Gregory J. Wawro and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-24 with Political Science categories.
Parliamentary obstruction, popularly known as the "filibuster," has been a defining feature of the U.S. Senate throughout its history. In this book, Gregory J. Wawro and Eric Schickler explain how the Senate managed to satisfy its lawmaking role during the nineteenth and early twentieth century, when it lacked seemingly essential formal rules for governing debate. What prevented the Senate from self-destructing during this time? The authors argue that in a system where filibusters played out as wars of attrition, the threat of rule changes prevented the institution from devolving into parliamentary chaos. They show that institutional patterns of behavior induced by inherited rules did not render Senate rules immune from fundamental changes. The authors' theoretical arguments are supported through a combination of extensive quantitative and case-study analysis, which spans a broad swath of history. They consider how changes in the larger institutional and political context--such as the expansion of the country and the move to direct election of senators--led to changes in the Senate regarding debate rules. They further investigate the impact these changes had on the functioning of the Senate. The book concludes with a discussion relating battles over obstruction in the Senate's past to recent conflicts over judicial nominations.
Politics Or Principle
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Author : Sarah A. Binder
language : en
Publisher: Rowman & Littlefield
Release Date : 2001-09-19
Politics Or Principle written by Sarah A. Binder and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-19 with Political Science categories.
Is American democracy being derailed by the United States Senate filibuster? Is the filibuster an important right that improves the political process or an increasingly partisan tool that delays legislation and thwarts the will of the majority? Are century-old procedures in the Senate hampering the institution from fulfilling its role on the eve of the 21st century? The filibuster has achieved almost mythic proportions in the history of American politics, but it has escaped a careful, critical assessment for more than 50 years. In this book, Sarah Binder and Steven Smith provide such an assessment as they address the problems and conventional wisdom associated with the Senate's long-standing tradition of extended debate. The authors examine the evolution of the rules governing Senate debate, analyze the consequences of these rules, and evaluate reform proposals. They argue that in an era of unprecedented filibustering and related obstructionism, old habits are indeed undermining the Senate's ability to meet its responsibilities. Binder and Smith scrutinize conventional wisdom about the filibuster—and show that very little of it is true. They focus on five major myths: that unlimited debate is a fundamental right to differentiate the Senate from the House of Representatives; that the Senate's tradition as a deliberative body requires unlimited debate; that the filibuster is reserved for a few issues of the utmost national importance; that few measures are actually killed by the filibuster; and that senators resist changing the rules because of a principled commitment to deliberation. In revising conventional wisdom about the filibuster, Binder and Smith contribute to ongoing debates about the dynamics of institutional change in the American political system. The authors conclude by suggesting reforms intended to enhance the power of determined majorities while preserving the rights of chamber minorities. They advocate, for example, lowering the number of votes required to end debate while increasing the amount of time for senators to debate controversial bills. Reform is possible, they suggest, that is consistent with the Senate's unique size and responsibilities.
Exceptions To The Rule
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Author : Molly E. Reynolds
language : en
Publisher: Brookings Institution Press
Release Date : 2017-07-18
Exceptions To The Rule written by Molly E. Reynolds and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-18 with Political Science categories.
Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
Proposals To Change The Operation Of Cloture In The Senate
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Author : Christopher M. Davis
language : en
Publisher: DIANE Publishing
Release Date : 2010-11
Proposals To Change The Operation Of Cloture In The Senate written by Christopher M. Davis and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11 with Political Science categories.
The U.S. Senate ¿cloture rule,¿ was adopted in 1917, and established a procedure by which the Senate may limit debate and act on a pending measure or matter. In recent years, some Senators have expressed renewed concerns over the way in which extended debate is conducted in the Senate and the operation of the cloture rule. This report provides a brief history of the Senate cloture rule, explains its main features and the arguments made by supporters and opponents of these features, outlines a range of proposals to change its operation, and briefly explains the methods by which the Senate might change its rules or practices.
Filibustering
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Author : Gregory Koger
language : en
Publisher: University of Chicago Press
Release Date : 2010-06-15
Filibustering written by Gregory Koger and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-15 with Political Science categories.
In the modern Congress, one of the highest hurdles for major bills or nominations is gaining the sixty votes necessary to shut off a filibuster in the Senate. But this wasn’t always the case. Both citizens and scholars tend to think of the legislative process as a game played by the rules in which votes are the critical commodity—the side that has the most votes wins. In this comprehensive volume,Gregory Koger shows, on the contrary, that filibustering is a game with slippery rules in which legislators who think fast and try hard can triumph over superior numbers. Filibustering explains how and why obstruction has been institutionalized in the U.S. Senate over the last fifty years, and how this transformation affects politics and policymaking. Koger also traces the lively history of filibustering in the U.S. House during the nineteenth century and measures the effects of filibustering—bills killed, compromises struck, and new issues raised by obstruction. Unparalleled in the depth of its theory and its combination of historical and political analysis, Filibustering will be the definitive study of its subject for years to come.