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AR15.COM
3/15/2005 2:59:39 PM EDT
All this stupid talk about the "nuclear option" from the Democrats in the Senate has me thinking.  I've heard different answers from different sources.  IS filibustering allowed when dealing with judicial nominees?  I thought there were only CERTAIN circumstances where filibustering was even allowed?  Anyone well-versed enough on Senate rules to clarify this issue?
3/15/2005 3:05:26 PM EDT
[#1]
Yeah, I think you can, I remember there was judicial nominee a few years back that got filabustered, and he lost the appointment, can remember whom thought.
3/15/2005 3:06:15 PM EDT
[#2]
What I want to know is why the hell is the whole practice tolerated and even allowed.
3/15/2005 3:11:04 PM EDT
[#3]
Isn't a fillibuster where a member has the floor and keeps the floor by debate until he can no longer hold the floor?  And you need some kind of super-majority to break it?  

This is what I remember from civics class.  

But I haven't actually seen that happen where a member talks for 20 hours holding up a vote.  They just threaten it.

WTF is the deal?  



Here's the answer:


The filibuster is a U. S. Senate practice whereby a single Senator, or his minority party, can block full Senate consideration of a bill or nomination by extending debate on the proposal indefinitely. The resulting "filibuster" can ordinarily be stopped only by a "cloture" vote, which requires 60 of the 100 Senators (a supermajority) to vote to end debate, and bring the bill or nomination to a final vote.

The filibuster, obviously, plays a crucial role whenever only 50 to 59 Senators support a given bill or nomination. It can ensure that the proposal is not approved, despite the fact that a majority of the Senate (or half the Senate, plus the Vice President, who breaks ties) would approve the measure if a vote were taken.

This right to endless debate evolved in the Senate over the eighteenth and nineteenth centuries. It is now embodied in the Senate's own formal rules - particularly Rule XXII, which guarantees unlimited discussion absent cloture.

Filibusters of old required the filibustering party to actually stand and hold the Senate floor by speaking continuously, in order to delay a final vote, as depicted in Frank Capra's famous movie "Mr. Smith Goes to Washington," which featured Jimmy Stewart as a young and idealistic Senate newcomer. Today, by contrast, a minority party can indefinitely put off a vote on a bill or nomination by simply indicating to Senate leaders that this indefinite delay is desired - unless there are 60 Senators in favor of cloture.





BULLSHIT!  

They should have to hold the floor.  

It's fake.  Just like damn near everything else about Washington D.C.  
3/15/2005 3:23:21 PM EDT
[#4]

Quoted:
What I want to know is why the hell is the whole practice tolerated and even allowed.


It grew up with the USA; in the early days of the USA I forget why and how it is legal. It has to do with debates about whatever law/candidate. In the old days, a senator can keep speaking and speaking and speaking to hold up voting. In order to stop the speaking, 2/3 of the Senators have to vote for cloture to make him/her stop. Today, they just say I want to filabuster, and that is where the wheels stop. The senators don't keep on talking and talking any more unless they want to do some media grand standing. A senator will then present a motion for cloture, if they can't come up the 2/3s then the candidate is pretty much dead. If they do, then a vote of the full senate is taken.

Correct me if I'm wrong, because it has been about 30 years since I've taken US history.
4/10/2005 9:15:25 AM EDT
[#5]
Just a little more history on the filibuster.  It wasn't used in the early days of the Republic but came into it's own  during the 1850's.  The word filibuster is from a Dutch word for "pirate".  Filibuster was used in the House also until they realized that unlimited debate with so many members could seriously limit the amount of business that could be done.  Filibuster is merely a rule so it can be changed.  Proponents of the filibuster conveniently forget it delayed Civil Rights legislation and was keeping us from entering WW I until Rule 22 (cloture) was passed.  It's famous users were Wayne Morse, Ore., who like Huey Long used it to champion the "rights" of the poor.  Strom Thurmond used it to thwart Civil Rights.  

It needs to be changed.  

"Nuclear Option"...puleeez!  What a bunch of self important ass-holes.

4/10/2005 10:57:41 AM EDT
[#6]
The Dems want new rules now that they are out of power.  Until January 2001 federal judges were confirmed by an up-or-down vote.  If they had been fillabustering 15 years ago they would have kept Justice Thomas off the USSC.
4/10/2005 11:00:18 AM EDT
[#7]
Filibustering these days is complete BS. You wanna filibuster, you don't vote to filibuster and just sit there, you talk your ass off. Read out of a phone book if you have to, you just talk for as long as you want that vote to be delayed.
4/10/2005 11:02:23 AM EDT
[#8]
Talk, talk, talk.
4/10/2005 11:26:30 AM EDT
[#9]
there was a veteran US Senator on TV today taking about filibustering, and the fact the Senate now only does business 3 days a week.  Not the 5 or 6 days a week or evening sessions like when he was first elected to the Senate 20 years ago.
4/10/2005 11:34:02 AM EDT
[#10]
Filibustering? Ummmmmmmm.......... No,.... Not Lately, But Thanks For Asking  
4/13/2005 7:31:46 PM EDT
[#11]
I believe one time in the old days of your, ex-Senator Strom Thurman filibustered the Senate floor for some gargantuan amount of time by reading every name and number in the Washington D.C. area phone book.  
4/13/2005 7:36:00 PM EDT
[#12]
I remember when Rush Limbaugh had his TV show, and he aired a clip of Klansman Byrd doing a bit about his "..........little dog Billy. Sometimes I just look at this picture and laugh...........". They need to end that practice.
4/13/2005 7:49:12 PM EDT
[#13]
Allow me to dissent.

The Senate filibuster is a good practice.
It is one of the checks-and-balances differences between the
(peoples) House and the (enlightened) Senate.

However, when applied to "consent of the senate", which is what
is required for Presidential nominations, the filibuster has no reason
for existence.

I am of the opinion that the less the Legislative Branch can get done
the better off we all are.  We don't need any more/new laws.  There
are already far too many.  The filibuster, in the making of legislation,
is one more brake to the new law creation mechanism.

God, I love Texas.  Here the legislature meets for 3 months every
2 years.  Damn hard for the pandering idiots to pass new laws.

DanM
4/13/2005 8:06:22 PM EDT
[#14]

Quoted:
Allow me to dissent.

The Senate filibuster is a good practice.
It is one of the checks-and-balances differences between the
(peoples) House and the (enlightened) Senate.

However, when applied to "consent of the senate", which is what
is required for Presidential nominations, the filibuster has no reason
for existence.

I am of the opinion that the less the Legislative Branch can get done
the better off we all are.  We don't need any more/new laws.  There
are already far too many.  The filibuster, in the making of legislation,
is one more brake to the new law creation mechanism.

God, I love Texas.  Here the legislature meets for 3 months every
2 years.  Damn hard for the pandering idiots to pass new laws.

DanM


I agree the filibuster is a good thing in concept and something that was put in there for a reason.

But about Texas...
Its hard for the Texas Legislature to get anything done because they are paid next to nothing and hence have to rely on volunteers for staff.  And because they make nothing they are forced to be "part-time" politicians so to speak by working another job.  This makes them uninformed on major issues and more likely to pass or not pass something because they do not have enough information on it or experience with the issue.  Man our state government is great.  
4/13/2005 8:10:30 PM EDT
[#15]
the republicans need to make the dims do a real filabuster: talk and not yield non-stop
I kind of doubt the dims would be able to keep it up for long
4/14/2005 8:38:34 AM EDT
[#16]

Quoted:
Isn't a fillibuster where a member has the floor and keeps the floor by debate until he can no longer hold the floor?  And you need some kind of super-majority to break it?  

This is what I remember from civics class.  

But I haven't actually seen that happen where a member talks for 20 hours holding up a vote.  They just threaten it.

WTF is the deal?  



Here's the answer:


The filibuster is a U. S. Senate practice whereby a single Senator, or his minority party, can block full Senate consideration of a bill or nomination by extending debate on the proposal indefinitely. The resulting "filibuster" can ordinarily be stopped only by a "cloture" vote, which requires 60 of the 100 Senators (a supermajority) to vote to end debate, and bring the bill or nomination to a final vote.

The filibuster, obviously, plays a crucial role whenever only 50 to 59 Senators support a given bill or nomination. It can ensure that the proposal is not approved, despite the fact that a majority of the Senate (or half the Senate, plus the Vice President, who breaks ties) would approve the measure if a vote were taken.

This right to endless debate evolved in the Senate over the eighteenth and nineteenth centuries. It is now embodied in the Senate's own formal rules - particularly Rule XXII, which guarantees unlimited discussion absent cloture.

Filibusters of old required the filibustering party to actually stand and hold the Senate floor by speaking continuously, in order to delay a final vote, as depicted in Frank Capra's famous movie "Mr. Smith Goes to Washington," which featured Jimmy Stewart as a young and idealistic Senate newcomer. Today, by contrast, a minority party can indefinitely put off a vote on a bill or nomination by simply indicating to Senate leaders that this indefinite delay is desired - unless there are 60 Senators in favor of cloture.





BULLSHIT!  

They should have to hold the floor.  

It's fake.  Just like damn near everything else about Washington D.C.  



EXACTLY.

You assholes want to hold the floor, get out the DC phone book and Start reading.

We get 10 seconds of silence, we are voting on this.

And it's "nuclear" for the Repubs to even talk about changing the rule requiring a supermajority.

Fine, then let's apply the real rule.