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.