Silent Filibuster

Definition

The silent filibuster is a parliamentary procedure in the United States Senate where a senator can delay or prevent a vote on a bill from taking place by extending debate on the measure indefinitely, without having to actively speak on the floor. This tactic allows a determined minority to block legislation without the need for a traditional, vocal filibuster.

5 Must Know Facts For Your Next Test

1. The silent filibuster is an informal, unwritten Senate rule that has evolved over time, rather than being codified in the chamber's standing rules.
2. It allows senators to indefinitely delay a vote by refusing to yield the floor, without having to continuously speak or be physically present.
3. The silent filibuster has become increasingly common in recent decades, as it allows the minority party to obstruct legislation without the public spectacle of a traditional filibuster.
4. To overcome a silent filibuster, the majority party must secure 60 votes to invoke cloture and end debate, a high bar that often proves difficult to meet.
5. The prevalence of the silent filibuster has been criticized for undermining the Senate's traditional role as a deliberative body and for contributing to legislative gridlock.

Review Questions

• Explain how the silent filibuster works and its impact on the legislative process.
  • The silent filibuster allows a determined minority of senators to delay or block a vote on a bill by refusing to yield the floor and extend debate indefinitely, without having to actively speak. This tactic effectively requires a supermajority of 60 senators to invoke cloture and end debate, a high bar that often proves difficult to meet. The widespread use of the silent filibuster has been criticized for contributing to legislative gridlock and undermining the Senate's traditional role as a deliberative body.
• Analyze the relationship between the silent filibuster and other Senate procedures, such as cloture and unanimous consent.
  • The silent filibuster is closely tied to the Senate's cloture rule, which requires a supermajority of 60 senators to end debate and proceed to a vote. Without the threat of a filibuster, the cloture rule would be largely irrelevant. Additionally, the silent filibuster is often used in conjunction with the practice of placing 'holds' on bills or nominations, allowing senators to privately block measures without having to publicly filibuster. The use of unanimous consent agreements can also be impacted by the threat of a silent filibuster, as the minority party may withhold consent to force the majority to secure 60 votes to overcome the obstruction.
• Evaluate the arguments for and against the use of the silent filibuster, and its implications for the functioning of the U.S. Senate and the broader legislative process.
  • Proponents of the silent filibuster argue that it protects the rights of the minority and encourages bipartisanship, as the majority party must seek compromise to secure the necessary 60 votes to overcome the obstruction. Critics, however, contend that the silent filibuster has been abused and has led to legislative gridlock, undermining the Senate's ability to fulfill its constitutional role. They argue that the silent filibuster has shifted the balance of power away from the majority and towards a determined minority, and that it has become a tool for obstruction rather than deliberation. Ultimately, the debate over the silent filibuster reflects the ongoing tension between majority rule and minority rights in the U.S. Senate, and its implications for the overall functioning of the legislative branch.

Related terms

Cloture:

The procedure in the U.S. Senate to end a filibuster and force a vote on a measure, requiring a supermajority of 60 senators to invoke.

Unanimous Consent: An agreement in the U.S. Senate to set the terms of debate and proceed to a vote without the need for a formal roll call or recorded vote.

Holds: A senatorial procedure that allows a senator to privately block a bill or nomination from proceeding to a vote, without having to publicly filibuster.