Cloture - A term you'll need to know today.

http://en.wikipedia.org/wiki/Cloture

United States

A similar procedure was adopted in the United States Senate in 1917 in response to the actions of isolationist senators who attempted to talk out, or filibuster a bill to arm U.S. merchant ships. President Woodrow Wilson urged the Senate to change its rules to thwart what he called a "little group of willful men", to which the Senate responded by introducing cloture in the form of Rule 22.[1] Cloture was invoked for the first time to end filibuster on the Treaty of Versailles.[2]

This originally required a supermajority of two-thirds of all senators (i.e. 64 out of 96). However, it proved very difficult to achieve this; the Senate tried eleven times between 1927 and 1962 to invoke cloture but failed each time. Filibuster was particularly heavily used by senators from Southern states to block civil rights legislation.

In 1975, the Democratic Senate majority, having achieved a net gain of four seats in the 1974 Senate elections to a strength of 61 (with an additional Independent caucusing with them for a total of 62), reduced the necessary supermajority to three-fifths (60 out of 100). This allowed the Senate majority to invoke cloture, provided that party discipline held. This considerably strengthed the power of the majority, and allowed it to pass many bills that would otherwise have been filibustered. (The Democratic Party had held a two-thirds majority in the 89th Congress of 1965, but regional divisions among Democrats meant that many filibusters were invoked by Southern Democrats against civil rights bills supported by the Northern wing of the party.) Some senators wanted to reduce it to a simple majority (51 out of 100) but this was rejected, as it would greatly diminish the ability of the minority to check the majority.

The procedure for "invoking cloture," or ending a filibuster, is as follows:

  • A minimum of sixteen senators must sign a petition for cloture.
  • The petition may be presented by interrupting another Senator's speech.
  • The clerk reads the petition.
  • The cloture petition is ignored for one full day during which the Senate is sitting (If the petition is filed on a Friday, it is ignored until Tuesday, assuming that the Senate did not sit on Saturday or Sunday.)
  • On the second calendar day during which the Senate sits after the presentation of the petition, after the Senate has been sitting for one hour, a "quorum call" is undertaken to ensure that a majority of the Senators are present.
  • The President of the Senate or President pro tempore presents the petition.
  • The Senate votes on the petition; three-fifths of the whole number of Senators (sixty with no vacancies) is the required majority; however, when cloture is invoked on a question of changing the rules of the Senate, two-thirds of the Senators voting (not necessarily two-thirds of all Senators) is the requisite majority.

After cloture has been invoked, the following restrictions apply:

  • No more than thirty hours of debate may occur.
  • No Senator may speak for more than one hour.
  • No amendments may be moved unless they were filed on the day in between the presentation of the petition and the actual cloture vote.
  • All amendments must be relevant to the debate.
  • Certain debates on procedure are not permissible.
  • The presiding officer gains additional power in controlling debate.
  • No other matters may be considered until the question upon which cloture was invoked is disposed of.

[edit] References

  1. ^ March 8, 1917 - Cloture Rule. United States Senate.
  2. ^ Filibuster and Cloture. United States Senate.

Posted Jun 26 2007, 11:50 AM by Splittfinger

Comments

Desechado wrote re: Cloture - A term you'll need to know today.
on 06-26-2007 2:51 PM
I think cloture us a good idea. I hate to see the VERY FEW hold up what the majority wants. This is a good way for the majority to move on with progress despite the radical few. However, they need to maintain Cloture so that it isn't too easy to overrun the minorities voice. I like the wording here that speaks of Cloture as a check and balance between the majority and minority.
Splittfinger wrote re: Cloture - A term you'll need to know today.
on 06-26-2007 3:11 PM
hey, Desechado!!  Good to hear from you!
Desechado wrote re: Cloture - A term you'll need to know today.
on 06-26-2007 4:38 PM
Thanks. I had an accident and have been grounded for the last two weeks. Just waiting to find out about surgery so I can resume life.
Splittfinger wrote re: Cloture - A term you'll need to know today.
on 06-27-2007 9:15 AM
ouch!
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