The Importance of the Filibuster and Its Long-Standing Tradition in the United States Senate

The filibuster has long been a tradition in the United States Senate that dates to Congress’ first session in 1789. Since its inception, the filibuster has been a defining feature of the Senate’s processes and procedures, with its intended purpose being to protect the minority party’s rights and ensure broader consensus than required in the House of Representatives. As George Washington commented to Thomas Jefferson soon after the adoption of the Constitution, the Senate was created as a body that would “cool” legislation coming from the House of Representatives, just as a saucer cools hot tea. The House of Representatives only takes a simple majority to pass legislation, and there is no filibuster to slow down or broaden support. However, the Senate has used the filibuster to ensure the Founders’ desire for checks and balances in the government.

The Founders were hopeful that the Senate would be an institution that would be shielded from the political headwinds of election years and the factious divides of the Nation. The Senate was designed to be a more deliberate body that elected its members to 6-year terms, compared to 2-year terms in the House of Representatives. In the view of the Founders, the Senate should, when prudent, provide a check on the hastier pace of the House.

Although it was not part of the Constitution, the filibuster has been used throughout the history of the United States Senate to delay or stop legislation that may be considered too radical or imprudent. It provides the minority party with a tool to combat out-of-touch policies. The process in place to end a filibuster is known as a cloture motion. To invoke cloture on a judicial nomination, the Senate only needs a simple majority; however, aside from budget reconciliation, which requires a simple majority, all other cloture motions on legislation must meet a 60-vote threshold. If the 60-vote threshold is met, the Senate may consider the debated legislation. This process is in line with the Founding Fathers’ intent in creating the Senate and its necessary role in government. The filibuster has proven to be an essential distinction of the Senate throughout its history…. (Excerpts from America First Policy Institute)