Recent legislative battles over healthcare reform, the federal budget, and other prominent issues have given rise to widespread demands for the abolition or reform of the filibuster in the US Senate. Critics argue that members’ traditional rights of unlimited debate and amendment have led to paralyzing requirements for supermajorities and destructive parliamentary tactics such as "secret holds." In Defending the Filibuster, a veteran Senate aide and a former Senate Parliamentarian maintain that the filibuster is fundamental to the character of the Senate. They contend that the filibuster protects the rights of the minority in American politics, assures stability and deliberation in government, and helps to preserve constitutional principles of checks and balances and separation of powers. Richard A. Arenberg and Robert B. Dove provide an instructive historical overview of the development of Senate rules, define and describe related procedures and tactics, examine cases related to specific pieces of legislation, and consider current proposals to end the filibuster or enact other reforms. Arguing passionately in favor of retaining the filibuster, they offer a stimulating assessment of the issues surrounding current debates on this contentious issue.
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
Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
This award-winning study of today’s filibuster debate provides a historical overview of Senate rules and an updated analysis of recent controversies. In an age of increasingly divided partisan politics, many argue that the Senate filibuster is undemocratic or even unconstitutional. Recent legislative disputes have brought criticism of Senate rules into sharp relief, and demands for abolition or reform of the filibuster have increased. In Defending the Filibuster, two experts on Senate procedure—a veteran Senate aide and a former Senate Parliamentarian—argue that the filibuster is fundamental to protecting the rights of the minority in American politics. Richard A. Arenberg and Robert B. Dove provide an instructive historical overview of the development of Senate rules, describe related procedures and tactics, and argue passionately for measured reforms. Thoroughly updated, this edition includes a new chapter recounting the events of 2012–13 that led to the first invocation of the "nuclear option" to restrict the use of the filibuster for presidential nominations, as well as a new foreword by former US Senator Olympia Snowe. The authors offer a stimulating assessment of the likelihood of further changes in Senate procedure and make their own proposals for reform. Winner, 2012 ForeWord Reviews Book of the Year, Gold Medal in Political Science
Representing Michigan for thirty-six years in the U.S. Senate, Carl Levin, the longest-serving senator in Michigan history, was known for his dogged pursuit of the truth, his commitment to holding government accountable, and his basic decency. Getting to the Heart of the Matter: My 36 Years in the Senate is his story - from his early days in Detroit as the son of a respected lawyer to the capstone of his career as chair of both the Senate Armed Services Committee and the Senate Permanent Subcommittee on Investigations. Levin's career placed him at the center of some of our nation's most critical points in modern times: from the aftermath of the 1967 Detroit riots, to the Clinton impeachment, through 9/11 and the 2008 financial crisis. Getting to the Heart of the Matter recounts Levin's experiences, thoughts, and actions during these historic moments. Consisting of seventeen chapters, the book also takes the reader through Levin's early life in Detroit of the 1940's, 50's and 60's where he met his wife, started a family, practiced law and served as the first General Counsel for the newly created Michigan Civil Rights Commission and the chief appellate defender for Detroit's Legal Aid Office. Elected to the Detroit City Council in 1969, where Levin served for eight years including four as Council president, the book describes how his fight against the Department of Housing and Urban Development's devastating housing practices in the neighborhoods of Detroit led him to run for the U.S. Senate with a pledge to make government work more effectively. Winning election six times, Levin had an illustrious career in the Senate where he challenged leaders in government and the private sector for the greater good of the nation. Levin describes how, as a Democrat, throughout his time in the Senate, he worked with Republican senators who often held different policy positions in order to find common ground to achieve national goals, and how he and his Senate staff searched for creative solutions to trade issues, support for the auto industry and manufacturing sector, U.S. military action in Iraq and Afghanistan, and efforts to protect the Great Lakes and the environment, among many other issues. Levin's hope in writing this memoir is that by sharing his deeply held beliefs about the responsibility of elected officials the book will serve as a resource for people beginning a career in, or contemplating running for, public office. Readers with an interest in politics, history, facts, and perseverance will find kinship in this book.
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.
"A clear explanation of the workings of the United States government that should be required reading for politically engaged Americans." -- KIRKUS Congressional Procedure explains the legislative and congressional budget processes along with all aspects of Congress. This comprehensive guide to Congress is ideal for anyone who wants to know how Congress really works, including federal executives, attorneys, lobbyists, media and public affairs staff, government affairs, policy and budget analysts, congressional office staff and students. Clear explanation of the legislative process, budget process, and House and Senate business - Legislative process flowchart - Explanation of the electoral college and votes by states - Relationship between budget resolutions and appropriation and authorization bills - Amendment tree and amendment procedures - How members are assigned to committees - Glossary of legislative terms Each chapter concludes with Review Questions. Chapter 1 examines the relationship between the U.S. Constitution and the House and Senate. It discusses Constitutional provisions that directly affect Congress. The makeup, roles and leadership of the House and Senate are compared and contrasted. Congressional committees and their place and power in the House and Senate are explored. Chapter 2 begins with a discussion of why members submit legislation, explains the forms of legislation, and lays out the steps involved in drafting legislation. Bills, joint resolutions, concurrent resolutions and simple House and Senate resolutions and their purposes are separately described. Ends with a flowchart of the legislative process. In Chapter 3, the work of Congressional committees is examined in greater detail: types of committees and their structures; subcommittees; power of the chairs of committees; hearings, markups and amendment procedure in committee; and the reporting of legislation to the House and Senate floor. Chapters 4 and 5 follow the course of legislation through the respective chambers and some of the more arcane elements of House and Senate floor action. Chapter 4 addresses some of the unique characteristics of the House including the central and crucial role played by the Rules Committee and the special rules it reports. Scheduling, consideration, amending, and passage of legislation through the House is described in detail. Chapter 5 discusses the handling of legislation on the Senate floor, including unique Senate characteristics like the filibuster, the nuclear option, holds, and the filling of the amendment tree. Chapter 6 explains the various procedures for resolving differences in legislation between the Senate and the House. The budget process is addressed in Chapter 7, including appropriations and authorization procedures, the 1974 Budget and Impoundment Control Act and the key role it has played since its adoption, the use of the optional budget reconciliation process, and the somewhat complex but crucial Byrd Rule. Chapter 8 concludes the detail and analysis of Congressional procedure with a number of processes that are not strictly legislative, including a number of Constitutional responsibilities given to Congress such as oversight and investigation and advice and consent, counting of Electoral College ballots, and impeachment. The conclusion, Chapter 9, describes the way in which many of the procedures explained in this book are increasingly being used, and some would say abused, in both the House and the Senate. Glossary Index Also see related CRS Reports and links on TCNCPAM.com For detailed Table of Contents, see CongressionalProcedure.com
Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state of dysfunction.
“[A] tour de force. Building upon her argument in Beyond Ideology, she adds an important wrinkle into the current divide between the parties in Congress.” —Perspectives on Politics As Democrats and Republicans continue to vie for political advantage, Congress remains paralyzed by partisan conflict. That the last two decades have seen some of the least productive Congresses in recent history is usually explained by the growing ideological gulf between the parties, but this explanation misses another fundamental factor influencing the dynamic. In contrast to politics through most of the twentieth century, the contemporary Democratic and Republican parties compete for control of Congress at relative parity, and this has dramatically changed the parties’ incentives and strategies in ways that have driven the contentious partisanship characteristic of contemporary American politics. With Insecure Majorities, Frances E. Lee offers a controversial new perspective on the rise of congressional party conflict, showing how the shift in competitive circumstances has had a profound impact on how Democrats and Republicans interact. Beginning in the 1980s, most elections since have offered the prospect of a change of party control. Lee shows, through an impressive range of interviews and analysis, how competition for control of the government drives members of both parties to participate in actions that promote their own party’s image and undercut that of the opposition, including the perpetual hunt for issues that can score political points by putting the opposing party on the wrong side of public opinion. More often than not, this strategy stands in the way of productive bipartisan cooperation—and it is also unlikely to change as long as control of the government remains within reach for both parties.
