The easiest way to determine how many filibusters have taken
place is to see how many cloture votes have been taken. A
cloture vote is a vote to end debate and thus kill the
filibuster. The
chart, from the U.S.
Senate Historical Office,
illustrates all the cloture votes taken since 1917 when the rule
allowing for cloture was adopted. Of the
946 cloture votes taken since 1917, 95% (899 votes) occurred
since 1971!
The
reason for this increase appears to be a change in Senate Rule
XXII in 1975. Prior to that change it took 2/3's of the
Senators present and voting
to invoke cloture. After the rule change it took 3/5's of
those Senators
duly chosen and sworn to invoke cloture, i.e, 3/5s of
the total Senate whether the Senators were on the floor to vote
or not. That rule change changed the whole dynamic of
filibusters. Prior to the rule change the onus was on
those who supported a filibuster to ensure that there were
sufficient Senators available at all times to come to the Senate
floor to prevent a successful cloture vote. After the rule
change, the onus was on those who supported cloture to come up
with 60 votes. No longer did the proponents of a
filibuster have to work to be ready to repel a cloture vote at
any given moment. Now it was a simple matter of whether
those who wanted to end debate had 60 votes or not.
Admittedly cloture votes increased in the four years prior to
the Rule XXII change. However, most of the filibusters in
1971-1972 involved civil rights bills or amendments to change
cloture rules. (10 of 20). These are bills that
historically resulted in filibusters. The increase
in filibusters in 1973-1974 are harder to
explain.
This
suggests that if one wants to end what has become the need for
60 vote Senate majorities to pass legislation, Senate Rule XXII
should be amended to allow cloture when passed by a 3/5's
majority of the members present and voting rather than 3/5's of
Senators duly chosen and sworn.
This puts the onus back on those wanting to filibuster to ensure
that they have sufficient members available at any given time to
ensure that there is not a 3/5's majority for cloture.
This would once again turn
the filibuster into a physical test of just how serious the
filbusters are in talking a bill to death and turn away from
just being a test of ideology.