The Filibuster
How the Senate's filibuster rule empowers the minority to block legislation, its evolution from a rare tactic to a routine obstruction tool, and the ongoing abolition debate.
What the Filibuster Is
The filibuster is a Senate procedure that allows any senator to delay or block a vote on legislation by extending debate indefinitely. Because the Senate has no general rule limiting debate, a determined minority can prevent a bill from reaching a final vote. Ending a filibuster requires 'cloture,' a vote to close debate that needs 60 of 100 senators to agree. This means that in practice, most major legislation needs 60 votes to pass the Senate, not a simple majority of 51.
The filibuster was not part of the original Senate design. It emerged as an accidental byproduct of a rules change in 1806 when Vice President Aaron Burr recommended eliminating the 'previous question' motion that allowed a simple majority to end debate. The first true filibuster did not occur until 1837. For most of its history, filibustering required senators to actually stand and speak on the Senate floor for hours, a physically demanding act that limited its use to extraordinary circumstances.
