Defending The Filibuster

Offers a stimulating assessment of the issues surrounding current debates on the filibuster

This award-winning study of today’s filibuster debate provides a historical overview of Senate rules and an updated analysis of recent controversies. In an age of increasingly divided partisan politics, many argue that the Senate filibuster is undemocratic or even unconstitutional. Recent legislative disputes have brought criticism of Senate rules into sharp relief, and demands for abolition or reform of the filibuster have increased. In Defending the Filibuster, two experts on Senate procedure—a veteran Senate aide and a former Senate Parliamentarian—argue that the filibuster is fundamental to protecting the rights of the minority in American politics. Richard A. Arenberg and Robert B. Dove provide an instructive historical overview of the development of Senate rules, describe related procedures and tactics, and argue passionately for measured reforms. Thoroughly updated, this edition includes a new chapter recounting the events of 2012–13 that led to the first invocation of the "nuclear option" to restrict the use of the filibuster for presidential nominations, as well as a new foreword by former US Senator Olympia Snowe. The authors offer a stimulating assessment of the likelihood of further changes in Senate procedure and make their own proposals for reform. Winner, 2012 ForeWord Reviews Book of the Year, Gold Medal in Political Science

With a new epilogue on filibuster battles under the Biden administration THE CASE FOR ENDING THE FILIBUSTER "A truly excellent book… blistering and persuasive.” —Ezra Klein, New York Times An insider’s account of how politicians representing a radical white minority of Americans have used “the world’s greatest deliberative body” to hijack our democracy. Our democracy is under assault from homegrown authoritarians, with most observers blaming Donald Trump and the Republican Party that submitted to him. Yet as Adam Jentleson shows, the problem not only goes back to the nineteenth century, but is less about the presidency than it is about our nation’s most venerated institution: the United States Senate. A revelatory history of minority rule in America as expressed through the Senate filibuster, Kill Switch shows that white conservatives have long relied on the filibuster—which is not featured in the Constitution, and which, as Jentleson demonstrates, the Framers would have opposed—to shut down attempts to create a multiracial democracy. Featuring a new epilogue on filibuster battles under the Biden administration, Kill Switch will remain an essential warning about the costs of empowering this nation’s right-wing minority. • “Jentleson understands the inner workings of the institution, down to the most granular details, showing precisely how arcane procedural rules can be leveraged to dramatic effect.” —Jennifer Szalai, New York Times • “Careful and thorough and exacting.” —Michael Tomasky, New York Review of Books • “[An] excellent, surprising new book.” —Benjamin Wallace-Wells, The New Yorker

While the hyper-partisanship in Washington that has stunned the world has been building for decades, Ira Shapiro argues that the U.S. Senate has suffered most acutely from the loss of its political center. In Broken, Ira Shapiro, a former senior Senate staffer and author of the critically-acclaimed book The Last Great Senate, offers an expert’s account of some of the most prominent battles of the past decade and lays out what must be done to restore the Senate’s lost luster. Shapiro places the Senate at “ground zero for America’s political dysfunction”--the institution that has failed the longest and the worst. Because the Senate, at its best, represented the special place where the Democrats and Republicans worked together to transcend ideological and regional differences and find common ground, its decline has intensified the nation’s polarization, by institutionalizing it at the highest level. Shapiro documents this decline and evaluates the prospects of restoration that could provide a way out of the polarized morass that has engulfed Congress. With a narrative that runs right through the first year of the Trump presidency, Broken will be essential reading for all concerned about the state of American politics and the future of our country.

Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.

"A clear explanation of the workings of the United States government that should be required reading for politically engaged Americans." -- KIRKUS Congressional Procedure explains the legislative and congressional budget processes along with all aspects of Congress. This comprehensive guide to Congress is ideal for anyone who wants to know how Congress really works, including federal executives, attorneys, lobbyists, media and public affairs staff, government affairs, policy and budget analysts, congressional office staff and students. Clear explanation of the legislative process, budget process, and House and Senate business - Legislative process flowchart - Explanation of the electoral college and votes by states - Relationship between budget resolutions and appropriation and authorization bills - Amendment tree and amendment procedures - How members are assigned to committees - Glossary of legislative terms Each chapter concludes with Review Questions. Chapter 1 examines the relationship between the U.S. Constitution and the House and Senate. It discusses Constitutional provisions that directly affect Congress. The makeup, roles and leadership of the House and Senate are compared and contrasted. Congressional committees and their place and power in the House and Senate are explored. Chapter 2 begins with a discussion of why members submit legislation, explains the forms of legislation, and lays out the steps involved in drafting legislation. Bills, joint resolutions, concurrent resolutions and simple House and Senate resolutions and their purposes are separately described. Ends with a flowchart of the legislative process. In Chapter 3, the work of Congressional committees is examined in greater detail: types of committees and their structures; subcommittees; power of the chairs of committees; hearings, markups and amendment procedure in committee; and the reporting of legislation to the House and Senate floor. Chapters 4 and 5 follow the course of legislation through the respective chambers and some of the more arcane elements of House and Senate floor action. Chapter 4 addresses some of the unique characteristics of the House including the central and crucial role played by the Rules Committee and the special rules it reports. Scheduling, consideration, amending, and passage of legislation through the House is described in detail. Chapter 5 discusses the handling of legislation on the Senate floor, including unique Senate characteristics like the filibuster, the nuclear option, holds, and the filling of the amendment tree. Chapter 6 explains the various procedures for resolving differences in legislation between the Senate and the House. The budget process is addressed in Chapter 7, including appropriations and authorization procedures, the 1974 Budget and Impoundment Control Act and the key role it has played since its adoption, the use of the optional budget reconciliation process, and the somewhat complex but crucial Byrd Rule. Chapter 8 concludes the detail and analysis of Congressional procedure with a number of processes that are not strictly legislative, including a number of Constitutional responsibilities given to Congress such as oversight and investigation and advice and consent, counting of Electoral College ballots, and impeachment. The conclusion, Chapter 9, describes the way in which many of the procedures explained in this book are increasingly being used, and some would say abused, in both the House and the Senate. Glossary Index Also see related CRS Reports and links on TCNCPAM.com For detailed Table of Contents, see CongressionalProcedure.com

Former senator Carl Levin’s memoir is a demonstration of the value of pragmatism, empathy, and compromise.

Is American democracy being derailed by the United States Senate filibuster? Is the filibuster an important right that improves the political process or an increasingly partisan tool that delays legislation and thwarts the will of the majority? Are century-old procedures in the Senate hampering the institution from fulfilling its role on the eve of the 21st century? The filibuster has achieved almost mythic proportions in the history of American politics, but it has escaped a careful, critical assessment for more than 50 years. In this book, Sarah Binder and Steven Smith provide such an assessment as they address the problems and conventional wisdom associated with the Senate's long-standing tradition of extended debate. The authors examine the evolution of the rules governing Senate debate, analyze the consequences of these rules, and evaluate reform proposals. They argue that in an era of unprecedented filibustering and related obstructionism, old habits are indeed undermining the Senate's ability to meet its responsibilities. Binder and Smith scrutinize conventional wisdom about the filibuster—and show that very little of it is true. They focus on five major myths: that unlimited debate is a fundamental right to differentiate the Senate from the House of Representatives; that the Senate's tradition as a deliberative body requires unlimited debate; that the filibuster is reserved for a few issues of the utmost national importance; that few measures are actually killed by the filibuster; and that senators resist changing the rules because of a principled commitment to deliberation. In revising conventional wisdom about the filibuster, Binder and Smith contribute to ongoing debates about the dynamics of institutional change in the American political system. The authors conclude by suggesting reforms intended to enhance the power of determined majorities while preserving the rights of chamber minorities. They advocate, for example, lowering the