Filibustering

In the modern Congress, one of the highest hurdles for major bills or nominations is gaining the sixty votes necessary to shut off a filibuster in the Senate. But this wasn’t always the case. Both citizens and scholars tend to think of the legislative process as a game played by the rules in which votes are the critical commodity—the side that has the most votes wins. In this comprehensive volume,Gregory Koger shows, on the contrary, that filibustering is a game with slippery rules in which legislators who think fast and try hard can triumph over superior numbers. Filibustering explains how and why obstruction has been institutionalized in the U.S. Senate over the last fifty years, and how this transformation affects politics and policymaking. Koger also traces the lively history of filibustering in the U.S. House during the nineteenth century and measures the effects of filibustering—bills killed, compromises struck, and new issues raised by obstruction. Unparalleled in the depth of its theory and its combination of historical and political analysis, Filibustering will be the definitive study of its subject for years to come.

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

Parliamentary obstruction, popularly known as the "filibuster," has been a defining feature of the U.S. Senate throughout its history. In this book, Gregory J. Wawro and Eric Schickler explain how the Senate managed to satisfy its lawmaking role during the nineteenth and early twentieth century, when it lacked seemingly essential formal rules for governing debate. What prevented the Senate from self-destructing during this time? The authors argue that in a system where filibusters played out as wars of attrition, the threat of rule changes prevented the institution from devolving into parliamentary chaos. They show that institutional patterns of behavior induced by inherited rules did not render Senate rules immune from fundamental changes. The authors' theoretical arguments are supported through a combination of extensive quantitative and case-study analysis, which spans a broad swath of history. They consider how changes in the larger institutional and political context--such as the expansion of the country and the move to direct election of senators--led to changes in the Senate regarding debate rules. They further investigate the impact these changes had on the functioning of the Senate. The book concludes with a discussion relating battles over obstruction in the Senate's past to recent conflicts over judicial nominations.

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

In the mid-nineteenth century, some of Cuba's most influential writers settled in U.S. cities and published a variety of newspapers, pamphlets, and books. Collaborating with military movements known as filibusters, this generation of exiled writers created a body of literature demanding Cuban independence from Spain and alliance with or annexation to the United States. Drawing from rare materials archived in the United States and Havana, Rodrigo Lazo offers new readings of works by writers such as Cirilo Villaverde, Juan Clemente Zenea, Pedro Santacilia, and Miguel T. Tolon. Lazo argues that to understand these writers and their publications, we must move beyond nation-based models of literary study and consider their connections to both Cuba and the United States. Anchored by the publication of Spanish- and English-language newspapers in the United States, the transnational culture of writers Lazo calls los filibusteros went hand in hand with a long-standing economic flow between the countries and was spurred on by the writers' belief in the American promise of freedom and the hemispheric ambitions of the expansionist U.S. government. Analyzing how U.S. politicians, journalists, and novelists debated the future of Cuba, Lazo argues that the war of words carried out in Cuban-U.S. print culture played a significant role in developing nineteenth-century conceptions of territory, colonialism, and citizenship.

The U.S. Senator from Oregon who is leading the fight to restore the talking filibuster explains how changing just one rule could save our democracy In a compelling and powerfully argued book, Senator Jeff Merkley and his longtime chief of staff tell the insiders’ story of how the Senate used to work and how the filibuster came to cripple the self-styled “World’s Greatest Deliberative Body” with paralyzing gridlock. And they make the surprising case that restoring a modified version of the old-style, talking filibuster may just be our democracy’s path back from the brink. For nearly two centuries, the Senate designed by the Founders served the purpose they envisioned: it was a deliberative legislative body where the nation’s thorniest challenges were hashed out. Senators had the ability to speak at length and offer any manner of amendments to influence bills, and then when all had had a say, the Senate voted. Senators who objected to passing a bill could wage a defiant filibuster—in the spirit of fictional Senator Smith who talked until he collapsed in order to block a corrupt railroad deal in the classic 1939 film Mr. Smith Goes to Washington. But at the end of the day, nearly all legislation, amendments, and nominations went to a vote, and the majority prevailed. Today, however, thanks to abuse of a fifty-year-old reform intended to make it easier for the Senate to pass legislation, the exceedingly difficult, rare filibuster has morphed, plunging the Senate into dysfunction and threatening the very foundations of our democracy. Now, the minority party can simply declare a “no-talk” filibuster, insisting on a supermajority of sixty votes to pass nearly any bill or a lengthy process to confirm any of the president’s nominees—giving themselves a veto over the majority’s agenda. Wildly popular bills languish, judgeships and administrative posts remain unfilled, but ordinary citizens can’t see why because the obstruction all takes place behind closed doors. Filibustered! combines a marvelous romp through key moments in filibuster history—from the first filibuster in 1841 through Southern Dixiecrat filibusters of civil rights legislation, up through Mitch McConnell’s transformation of the filibuster into a routine tool of perennial gridlock—with firsthand accounts of recent high-profile legislative fights, and a compelling argument that the key to the Senate’s future may be found in its past.

This fascinating study sheds new light on antebellum America's notorious "filibusters--the freebooters and adventurers who organized or participated in armed invasions of nations with whom the United States was formally at peace. Offering the first full-scale analysis of the filibustering movement, Robert May relates the often-tragic stories of illegal expeditions into Cuba, Mexico, Ecuador, Nicaragua, and other Latin American countries and details surprising numbers of aborted plots, as well. May investigates why thousands of men joined filibustering expeditions, how they were financed, and why the U.S. government had little success in curtailing them. Surveying antebellum popular media, he shows how the filibustering phenomenon infiltrated the American psyche in newspapers, theater, music, advertising, and literature. Condemned abroad as pirates, frequently in language strikingly similar to modern American denunciations of foreign terrorists, the filibusters were often celebrated at home as heroes who epitomized the spirit of Manifest Destiny. May concludes by exploring the national consequences of filibustering, arguing that the practice inflicted lasting damage on U.S. relations with foreign countries and contributed to the North-South division over slavery that culminated in the Civil War.