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.
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
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
In this lively analysis, Daniel Wirls examines the Senate in relation to our other institutions of government and the constitutional system as a whole, exposing the role of the "world’s greatest deliberative body" in undermining effective government and maintaining white supremacy in America. As Wirls argues, from the founding era onward, the Senate constructed for itself an exceptional role in the American system of government that has no firm basis in the Constitution. This self-proclaimed exceptional status is part and parcel of the Senate’s problematic role in the governmental process over the past two centuries, a role shaped primarily by the combination of equal representation among states and the filibuster, which set up the Senate’s clash with modern democracy and effective government and has contributed to the contemporary underrepresentation of minority members. As he explains, the Senate’s architecture, self-conception, and resulting behavior distort rather than complement democratic governance and explain the current gridlock in Washington, D.C. If constitutional changes to our institutions are necessary for better governance, then how should the Senate be altered to be part of the solution rather than part of the problem? This book provides one answer.
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.
"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
James Grant’s enthralling biography of Thomas B. Reed, Speaker of the House during one of the most turbulent times in American history—the Gilded Age, the decades before the ascension of reformer President Theodore Roosevelt—brings to life one of the brightest, wittiest, and most consequential political stars in our history. The last decades of the nineteenth century were a volatile era of rampantly corrupt politics. It was a time of both stupendous growth and financial panic, of land bubbles and passionate and sometimes violent populist protests. Votes were openly bought and sold in a Congress paralyzed by the abuse of the House filibuster by members who refused to respond to roll call even when present, depriving the body of a quorum. Reed put an end to this stalemate, empowered the Republicans, and changed the House of Representatives for all time. The Speaker’s beliefs in majority rule were put to the test in 1898, when the sinking of the U.S.S. Maine in Havana Harbor set up a popular clamor for war against Spain. Reed resigned from Congress in protest. A larger-than-life character, Reed checks every box of the ideal biographical subject. He is an important and significant figure. He changed forever the way the House of Representatives does its business. He was funny and irreverent. He is, in short, great company. “What I most admire about you, Theodore,” Reed once remarked to his earnest young protégé, Teddy Roosevelt, “is your original discovery of the Ten Commandments.” After he resigned his seat, Reed practiced law in New York. He was successful. He also found a soul mate in the legendary Mark Twain. They admired one another’s mordant wit. Grant’s lively and erudite narrative of this tumultuous era—the raucous late nineteenth and early twentieth centuries—is a gripping portrait of a United States poised to burst its bounds and of the men who were defining it.
Dysfunction in the Senate is driven by the deteriorating relationship between the majority and minority parties. Regular order is virtually nonexistent and unorthodox parliamentary procedures are frequently needed to pass important legislation. Democrats and Republicans are fighting a parliamentary war in the Senate to steer the future of the country. James Wallner presents a bargaining model of procedural change to explain the persistence of the filibuster in this polarized environment, focusing on the dynamics responsible for contested procedural change. Wallner’s model explains why Senate majorities have historically tolerated the filibuster, even when it has defeated their agendas, despite having the power to eliminate it. It also shows why the then-Democratic majority deployed the nuclear option to eliminate the filibuster for an Obama judicial nominee in 2013. On Parliamentary War’s game-theory approach unveils the relationship between partisan conflict and procedural change in the Senate.
