Home

                    Why there are more Senate Filibusters now than in the entire history of the country
or
Rules Matter.

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. 


Senate Action on Cloture Motions
Congress Years Motions Filed Votes on Cloture Cloture Invoked
112 2011-2012 38 27 15
111 2009-2010 136 91 63
110 2007-2008 139 112 61
109 2005-2006 68 54 34
108 2003-2004 62 49 12
107 2001-2002 71 61 34
106 1999-2000 71 58 28
105 1997-1998 69 53 18
104 1995-1996 82 50 9
103 1993-1994 80 46 14
102 1991-1992 60 48 23
101 1989-1990 38 24 11
100 1987-1988 54 43 12
99 1985-1986 41 23 10
98 1983-1984 41 19 11
97 1981-1982 31 27 10
96 1979-1980 30 21 11
95 1977-1978 23 13 3
94 1975-1976 39 27 17
93 1973-1974 44 31 9
92 1971-1972 23 20 4
91 1969-1970 7 6 0
90 1967-1968 6 6 1
89 1965-1966 7 7 1
88 1963-1964 4 3 1
87 1961-1962 4 4 1
86 1959-1960 1 1 0
85 1957-1958 0 0 0
84 1955-1956 0 0 0
83 1953-1954 1 1 0
82 1951-1952 0 0 0
81 1949-1950 2 2 0
80 1947-1948 0 0 0
79 1945-1946 6 4 0
78 1943-1944 1 1 0
77 1941-1942 1 1 0
76 1939-1940 0 0 0
75 1937-1938 2 2 0
74 1935-1936 0 0 0
73 1933-1934 0 0 0
72 1931-1932 2 1 0
71 1929-1930 1 0 0
70 1927-1928 1 0 0
69 1925-1926 7 7 3
68 1923-1924 0 0 0
67 1921-1922 1 1 0
66 1919-1920 2 2 1
65 1917-1918 2 0 0
Total 1298 946 417