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Filibuster in the US Senate.

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Filibuster in the US Senate.

A filibuster is an informal attempt to delay or entirely prevent a decision from being made on a bill another matter by discussing at length or other delaying methods. Filibuster comes from a Dutch word meaning pirate. It’s an important tactic empowering the minorities that would have little or no say in the senate. Sometimes the filibuster is misused as a delay mechanism rather than an extension of a debate then it becomes more of a hindrance than a help.

The minorities use it as a tool to block the majority from enacting a bill.  A filibuster is also used by the minorities to slow down the majority and make them adapt their amendments or change their views and force them to compromise. It can also force the public to listen to what the minority is saying or a single senator comprehensively due to how long some of the filibusters are. Minorities can negotiate changes as long as they have the 41 votes needed to maintain a filibuster.

A filibuster can be defeated by cloture motion. Cloture is a French word meaning terminating; the majority must manage to get 60 votes to pass the motion. Legislation facing a filibuster could be kept for another time because there can be more than one legislation on the Senate floor. Cloture requiring three-fifths makes it easier for the Senate to invoke cloture, the lesser number would be accepted if only a senate seat is vacant.

A filibuster is used as a procedural tool to extend and promote debate. Senate doesn’t have a rule that allows the majority to cut off debate the rule allows a single senator or a large group of senators to hold the floor until they crumble. A filibuster can be sustained even if the senator is discussing another topic other than the legislation at hand. Some senators may argue that filibustering is adequately necessary to represent their states policy needs; it encourages the ability for more in-depth debate on highly-contested issues.

United States House of representative is the lower house of the congress and has more representatives. Each house determines each own proceedings; hence why the house of representative doesn’t have a filibuster due to it having many representatives. When the filibuster was removed, they developed the disappearing quorum where they would refuse to answer the roll call forcing the house to adjourn they had less than a quorum, but it was later outlawed. The only way a filibuster can happen is if the minority leader was speaking. Minority leader in the house of representative is allowed to speak without being halted.

On June 15, 2016, in the wake of a mass shooting in Orlando Senator Chris Murphy launched a filibuster in the United State Senate for them to enact on gun control legislation. After news that the FBI investigated the mass shooter on terrorist suspicion, he introduced two gun control measures. One would bar those on the watch list from obtaining firearms and the second one is that there would be a mandated background check for anyone buying guns on shows or the internet. Dream act would have provided a path to citizenship for undocumented immigrants would have arrived in the country before they were 16 provided they were in college or the military. The bill was not passed.

The full impact of the filibuster is hard to measure, but it is clear that the filibuster has had a substantial effect on the legislative. It shapes what lawmakers of both parties view as possible and constrains the types of legislation that are brought to the floor for consideration—let alone passed. Moreover, over time, the filibuster has provided senators representing a smaller and smaller segment of the population the ability to stop legislation from moving forward—trends that seem likely to continue, and even accelerate, in the coming years.

 

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