WASHINGTON (AP) – It’s not that different from cinema. President Joe Biden said the Senate should operate as it did in the “old days,” with senators forced to stand up and talk all day and night if they plan to oppose its legislative agenda. with a filibuster.
Changing the filibuster rules is an idea backed by some Senate Democrats eager to advance Biden’s agenda in the Senate split from 50 to 50. But Republicans warn Democrats of any change.
Here’s a look at how the filibuster works in the Senate.
WHAT IS A FILIBUSTER?
The filibuster is among the “most distinctive procedural features” of the Senate, according to the Congressional Research Service.
The Senate has an old practice of allowing any senator to oppose the proceedings, which is generally known as a filibuster that can stop action or votes.
Senators have been famous on his desk for hours defending his case, as did the character played by Jimmy Stewart in “Mr. Smith Goes to Washington” or as did Senator Strom Thurmond of South Carolina to stop the Bill. civil rights of 1957.
Today, senators can only express their intention to oppose, even in private, and that is enough for Senate leaders to take action. Sometimes leaders just put the issue aside. At other times, they move forward, taking heavy steps to cut the filibuster and move forward with the procedure.
HOW TO FINISH A FILIBUSTER?
Over time, senators got tired of the endless filibusters and set rules to end the debate.
In the early twentieth century, a two-thirds vote was needed to end a filibuster. In 1975, the Senate agreed to reduce it to 60 votes.
Once the debate is over, senators can move forward taking into account the measure before us, the amendments or even the final votes.
WHAT’S THE PROBLEM?
As the country and Congress have become more supportive, the filibuster has become a key weapon in what is often described as a procedural arms race in the Senate.
Year after year, more and more senators are threatening to settle filibusters to block legislation. Overcoming filibusters can take days, if not weeks.
Even without a senator taking the floor, filibusters have forced senators to vote all night and on weekends to move forward with legislation, as happened during the passage of the Affordable Care Act.
“Filibusters and the perspective of filibusters shape much of the way the Senate does its job,” the CRS report said.
CAN THE SENATE CHANGE THE FILIBUSTER?
It takes 51 votes to change the rules of the Senate, a high order in most cases, but especially in the Senate of 50 to 50 divided. Democrats have a narrow majority because Vice President Kamala Harris may be a tiebreaker vote.
But senators have changed the filibuster rules before.
Tired of Republicans challenging Barack Obama’s executive and judicial candidates, Democrats led by then-Sen. Harry Reid of Nevada changed the rules to set a simple 51-vote threshold to confirm people in those positions. ′
Republicans from Kentucky Sen. Mitch McConnell took it a step further, eliminating the filibuster for Supreme Court nominees, which confirmed Donald Trump’s three high court judges.
While several Democrats and advocacy groups are calling for the Senate to get rid of legislative protection, there does not appear to be enough support from Democratic senators at this time to do so.
BACK TO FILIBUSTER “TALKING”?
Biden supports the return to the “old days,” he said, of the speaking filibuster, forcing senators to sit at his desk and articulate his opposition to the proceedings, as was the practice when he joined the Senate decades ago.
“You have to work for the filibuster,” he said in an interview with ABC News that aired Wednesday.
The idea has the support of Democrats who see it as a possible alternative to completely end filibuster practice. But it still carries risks and Democratic leaders have been reluctant to move toward that option.
Several Republican senators, particularly those considering running for president in 2024, could see a political advantage in taking the floor to insinuate themselves non-stop against White House priorities. Filibusters could also slow action on other Democratic priorities, including those nominated by Biden.
McConnell has warned of a “scorched earth” reaction if Democrats eliminate the filibuster.
At the same time, many Democrats are willing to take this opportunity to end the filibuster, realizing that their meager majority is fragile, and Republicans could end this to advance their priorities the next time they control the Senate. and the White House.