Filibustering
Filibustering

Author: Gregory Koger

Publisher: University of Chicago Press

Published: 2010-06-15

Total Pages: 241

ISBN-13: 0226449661

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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.

Exceptions to the Rule
Exceptions to the Rule

Author: Molly E. Reynolds

Publisher: Brookings Institution Press

Published: 2017-07-18

Total Pages: 290

ISBN-13: 0815729979

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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.

Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy
Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy

Author: Adam Jentleson

Publisher: Liveright Publishing

Published: 2021-01-12

Total Pages: 301

ISBN-13: 1631497782

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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

Filibuster
Filibuster

Author: Gregory J. Wawro

Publisher: Princeton University Press

Published: 2013-10-24

Total Pages: 328

ISBN-13: 1400849470

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Parliamentary obstruction, popularly known as the "filibuster," has been a defining feature of the U.S. Senate throughout its history. In this book, Gregory J. Wawro and Eric Schickler explain how the Senate managed to satisfy its lawmaking role during the nineteenth and early twentieth century, when it lacked seemingly essential formal rules for governing debate. What prevented the Senate from self-destructing during this time? The authors argue that in a system where filibusters played out as wars of attrition, the threat of rule changes prevented the institution from devolving into parliamentary chaos. They show that institutional patterns of behavior induced by inherited rules did not render Senate rules immune from fundamental changes. The authors' theoretical arguments are supported through a combination of extensive quantitative and case-study analysis, which spans a broad swath of history. They consider how changes in the larger institutional and political context--such as the expansion of the country and the move to direct election of senators--led to changes in the Senate regarding debate rules. They further investigate the impact these changes had on the functioning of the Senate. The book concludes with a discussion relating battles over obstruction in the Senate's past to recent conflicts over judicial nominations.

Agenda Setting in the U.S. Senate
Agenda Setting in the U.S. Senate

Author: Chris Den Hartog

Publisher: Cambridge University Press

Published: 2011-05-16

Total Pages: 253

ISBN-13: 1139499300

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Proposes a new theory of Senate agenda setting that reconciles a divide in literature between the conventional wisdom – in which party power is thought to be mostly undermined by Senate procedures and norms – and the apparent partisan bias in Senate decisions noted in recent empirical studies. Chris Den Hartog and Nathan W. Monroe's theory revolves around a 'costly consideration' framework for thinking about agenda setting, where moving proposals forward through the legislative process is seen as requiring scarce resources. To establish that the majority party pays lower agenda consideration costs through various procedural advantages, the book features a number of chapters examining partisan influence at several stages of the legislative process, including committee reports, filibusters and cloture, floor scheduling and floor amendments. Not only do the results support the book's theoretical assumption and key hypotheses, but they shed new light on virtually every major step in the Senate's legislative process.

The Senate Syndrome
The Senate Syndrome

Author: Steven S. Smith

Publisher: University of Oklahoma Press

Published: 2014-03-20

Total Pages: 455

ISBN-13: 0806145927

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With its rock-bottom approval ratings, acrimonious partisan battles, and apparent inability to do its legislative business, the U.S. Senate might easily be deemed unworthy of attention, if not downright irrelevant. This book tells us that would be a mistake. Because the Senate has become the place where the policy-making process most frequently stalls, any effective resolution to our polarized politics demands a clear understanding of how the formerly august legislative body once worked and how it came to the present crisis. Steven S. Smith provides that understanding in The Senate Syndrome. Like the Senate itself, Smith’s account is grounded in history. Countering a cacophony of inexpert opinion and a widespread misunderstanding of political and legislative history, the book fills in a world of missing information—about debates among senators concerning fundamental democratic processes and the workings of institutional rules, procedures, and norms. And Smith does so in a clear and engaging manner. He puts the present problems of the Senate—the “Senate syndrome,” as he calls them—into historical context by explaining how particular ideas and procedures were first framed and how they transformed with the times. Along the way he debunks a number of myths about the Senate, many perpetuated by senators themselves, and makes some pointed observations about the media’s coverage of Congress. The Senate Syndrome goes beyond explaining such seeming technicalities as the difference between regular filibusters and post-cloture filibusters, the importance of chair rulings, the changing role of the parliamentarian, and the debate over whether appeals of points of order should be subject to cloture margins, to show why understanding them matters. At stake is resolution of the Senate syndrome, and the critical underlying struggle between majority rule and minority rights in American policy making.

Defending the Filibuster, Revised and Updated Edition
Defending the Filibuster, Revised and Updated Edition

Author: Richard A. Arenberg

Publisher: Indiana University Press

Published: 2012-08-21

Total Pages: 284

ISBN-13: 0253006988

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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.

Constitutionalism and the Rule of Law
Constitutionalism and the Rule of Law

Author: Maurice Adams

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 559

ISBN-13: 1316883256

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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.