Over the last few years there has been a lot of talk about reforming the current Filibuster rules in the United States Senate. Every time it comes up however nothing seems to come of it. Many who fight to reform the Filibuster feel like Charlie Brown trying to kick that football. There’s a belief that it will finally happen and everyone’s hopeful. Then all of a sudden we’re all flat on our backs, looking up at the sky trying to figure out where it all went wrong.
What many of those who want Filibuster reform want to see is a return to the Talking Filibuster. There are those who would like to see the number of votes needed to complete a cloture motion reduced, but a very strong argument can be made for the return of the Talking Filibuster.
Historically the Filibuster has consisted of a Senator, or group thereof, delaying the vote on a bill by standing up and refusing to yield the floor. They would give speeches; force the bill in its entirety to be read, amendments and all; read from cookbooks, magazines and even novels. That is until modern times. Currently the threat of a Filibuster is enough to stop progress on a bill in virtually any stage of the process.
It is important to note that the Filibuster appears nowhere in the U.S. Constitution. The idea of the Filibuster came into being in 1806 and was an entirely theoretical option until its first use in 1837. The cloture vote, which the Senate can take to end a filibuster, did not even exist until 1917. Originally it took two-thirds of all present Senators to successfully complete a cloture vote and end the filibuster, over time it was reduced to the three-fifths number we have today.