Essay On Filibuster

The process in which a bill becomes a law can be a lengthy one, it must go through many steps in order to become the law of the land. It is believed that this process should be a matter that every American citizen should be informed of in order to fully understand and appreciate the inner workings of congress with regard to The House of Representatives and the Senate. The steps in which a bill becomes a law is an example of the democratic way of life here in The United States. “The fact that a proposal cannot become a law without consideration and approval by both houses of congress is an outstanding virtue of our bicameral legislative system.” (Sullivan 1-2)

Thus, Members of the House may only speak on a bill in the time mandated by the House Rules Committee vis-à-vis their judgments for that particular bill. It is also possible for the House to meet as the Committee of the Whole, which has more streamlined debating rules – though the Committee of the Whole cannot pass a bill. The Senate debate rules differ with the debate rules of the House of Representatives, as Senators have an unlimited time to debate bills – this lack of limit allows a filibuster to occur. The course materials state, “Debate can be closed by unanimous consent, or by invoking ‘cloture,’ which requires a three-fifths majority (at least 60 votes) of the entire Senate” (Unit 3 the Congress, 10). Once a bill passes through the House of Representatives, or the Senate, it must pass through the other chamber of Congress before it becomes law.

Filibusters were a common tactic used for preventing the passing of a bill by holding the senate floor and using any means to delay or block

The bill then went to the senate where there was much debate and procrastination. Many senators opposed to the bill tried to use the “filibuster” technique, which basically is an extended talk for the purpose of killing a bill or getting drastic modifications. In fact, it was the longest debate in Senate history lasting 534 hours in total. The final vote in the Senate was 76 to 18 to pass their version of the bill since they made minor amendments to it (Bureau of National Affairs 18-21). A quote from Senator John Lesinski, democrat, showed why some were opposed to the bill, “There are still many private rights in America that under our Constitution are beyond the power of government to regulate and one of these is the right to pick and chose one’s associates, one’s friends and one’s customers in a private business” (Calls Bill Unconstitutional 33). The final vote in the House over the amendments the senate made was 289 to 126. This set the way for the bill to be signed by the President to become a law.

The Role of the Senate and House of Representatives The Congress of the United States consists of the Senate and the House of Representatives which means the USA is bi-cambial. The Congress of the United States was created by Article I, Section 1, of the Constitution, adopted by the Constitutional Convention on September 17, 1787. The Senate is composed of 100 Members, 2 from each State, who are elected to serve for a term of 6 years.

The legislative branch is the most powerful branch in government. The legislative branch is in charge of making and passing laws. They have the power to override a president’s decision, stop laws from being passed, and basically control all decisions the governments makes. The legislative branch, also called the congress, consists of the House of Representatives and the senate. The reason for two houses of congress is to balance out the concerns of smaller but more populated states against states that are larger but with less population (www.Usgovinfo.com).

The main difference between the House and the Senate is that the house puts all responsibility on the national government while the Senate positions the responsibility onto the states when it comes to creating their health insurance exchanges. It seems as though that if a state fails to do it they are then under the hand of the House and not the Senate. While both bills are aiming towards a similar result they go about it in different ways. Exclusivity of the health insurance exchange is one way they differ. , The Senate wants non-group health insurance to be sold outside of the exchange where it will be less regulated. The House calls for all non-group health insurance coverage to be sold through the health insurance exchange.

Shields of the filibuster alert against changing the framework, saying that the delay is a critical security of minority-gathering rights. They say the filibuster backtracks to the authors' desire to make a national government with deliberately built balanced governance and that increasing the procedure debilitates the very condition of American majority rules system. A few Republicans call the thought of demolishing the delay a Democratic power grab.

In the past century, people continued to express an increasingly discontent view of Congress especially true when one looks back before the Clinton Impeachment debacle As the size of the nation and the number of congressman have grown, the congress has come under attack by both public influences and congressman themselves. Yet looking at one congressman's relationship with his or her constituents, it would be hard to believe that this is the branch of government that has come under suspect. In "If Ralph Nader says congress is 'The broken branch,' how come we love our congressman so much?" author Richard F. Fenno, Jr., provides insight into this view and why, through congress coming under fire, constituents still feel positively about

Today, Supreme Court Nominee’s, Neil Gorsuch, Confirmation hearing came near conclusion on a very confrontational note with the Senate’s Principal Democrat threatening to filibuster. This would complicate the way the senate “conducts its business”. The Republicans eager to confirm Gorsuch only have a 52-majority instead of the 60-majority that is necessary. However, they say he will be confirmed anyway, even if it means removing the filibuster option and allowing nominees to be confirmed with a simple majority vote. Senate Minority Leader Charles E. Schumer’s decision to filibuster was not unexpected but it will increase tension in the senate. “If this nominee cannot earn 60 votes — a bar met by each of President Obama’s nominees, and George Bush’s last two nominees — the answer isn’t to change the rules. It’s to change the nominee,” he said. Although the democrats do not have the votes to block this motion, his filibuster will publicize the resistance in the Congress.

In the event a bill is strongly favored by the committee the Congress leaders have a floor debate. “Major bills must first go to the Rules Committee, which decides where bills will appear on the legislation calendar and the terms under which bills will be debated by the House” (Greenberg, 351). Specific rules include; the nature of the amendments, how much time can be spent debating, and a number if necessary. The committee has the power to have a “closed ruling” which allows for a yes or no vote. In a floor debate, the Senate determines the final form of the bill also, “The threat of a hold or a filibuster means that the minority in Senate plays an important role in determining the final step of legislation” (Greenberg, 352). After this step, the members of the chamber either vote once the bill has been reported or after the amendments have been added. Once

In 2013, the thought of using filibusters to an advantage of a political party’s side in a legislative assembly was removed; therefore, it now takes a majority vote to decide on all Supreme Court nominees and executive appointments. The majority vote is being identified as the “nuclear option”. The ruling of filibuster was voted to be removed by the U.S. Senate, due to the fact that Democrats believed that Republicans unfairly abused filibuster in attempt to veto a nominee by the president (Richardson). Now that a president of the Republican party is in position, the tables have turned. Nevertheless, as the Republican party holds 52 senate seats, Democrats only holding 46, Republicans have the ability to virtually shut down the minority and

A filibuster was first intended to let a minority opinion be heard during a senate meeting. It allowed any senator the right to speak. It later became a way for a senator to halt the progress of a bill. The rule was first allowed back in 1806. When it began to become a problem senate urged President Woodrow Wilson to pass a rule called cloture. Cloture was a way for the senate to vote to end a filibuster. It was put in place in 1917. The problem was, it didn’t vote out many attempts at a filibuster because cloture required a 2/3 vote to end a filibuster.

The filibuster continues to be an area of controversy in the United States Senate. Critics of the rule claim that it has corrupted and even broken the institution, while proponents claim that the rule is a savior for the minority against unpopular laws instituted by the majority. Throughout history, the filibuster has shown its potentially dangerous side as well as its positive benefits. After any major party shift in the Senate, it seems that there is always talk of filibuster reform by the new majority. Although reform debates persist, rules and procedures regarding the filibuster have yet to be significantly changed since 1975, when the cloture rule was last amended. The debate has been revived

The blocking of legislation is nothing new to the Republican party. According to the article Why Washington’s Tied Up in Knots, Republicans have been blocking legislation since the late nineteen sixties, where they blocked a little less than ten percent of major legislation using the filibuster tactic. The filibuster was a rare thing to behold, on average only occurring once every ten years, until during Bill Clinton's term in which nearly fifty eight filibusters had been enacted by the Republican party. The number of filibusters has nearly doubled in just the past year alone, with a whopping one thirty eight filibusters (United States Senate), all instigated by the Republican party to block as many of President Barack Obama's initiatives as possible, including the delay and possible destruction of the all important health care bill.