Remarks and observations concerning American law and cultural studies as it relates to courses taken by students in the University of Osnabrück's and University of Münster's foreign law programs.
Matt LeMieux
24 April 2008
The Senate and the Filibuster
Last Monday, students of American Constitutional law were introduced (or possibly re-introduced) to the concept of a filibuster, which is unique to the U.S. Senate. By way of review, a filibuster is a tool that Senators can use to block debate of a bill they do not like. The filibuster itself is basically an endless debate that, because of it's duration (endless), prohibits the Senate from voting on a bill. The filibuster can only be stopped by way of a Cloture vote, which requires 60 Senators to vote in favor of ending the debate. Thus, a super-majority is needed to stop this delay action being taken by a minority of Senators. The mechanics of how this works are not really important for this class, especially considering that the Constitution itself does not grant this power to the Senate; so it's really outside the scope of this class. Nevertheless, there is an article in today's New York Times explaining how Republicans in the Senate are using the filibuster to block a vote on a bill that would make it easier to sue employers for wage discrimination. The article is worth a read if you are interested in how the filibuster can be used.