[November 21, 2009] Pirates of the Senate: A look at filibusters: Horse Sense Tweet HELENA, Nov 21, 2009 (The Montana Standard - McClatchy-Tribune Information Services via COMTEX) -- As the U.S. Senate prepares to take up the major health-care reform bill Saturday, the threat has loomed for weeks that Republicans might try to filibuster the bill to block its passage. The Senate has 58 Democrats, 40 Republicans and two independents. To pull off a filibuster, the Republicans would need to remain united and pick off a stray Democrat or an independent. What is this filibuster? And what about cloture, which is how senators can stop a filibuster? A filibuster is a parliamentary tactic to stall or block legislation by extending the debate to prevent a vote on a bill. It arises from the Senate rules, which provide that no senator may be denied the right to speak. The word originated with the Dutch word, "vrijbuiter," which means "freebooter" or "pirate." That in turn became "filibustero" in Spanish "because the sleek, swift ship used by Caribbean pirates was 'filibote,'" wrote Robert A. Caro in his book, "The Years of Lyndon Johnson: Master of the Senate." The term was appropriate, Caro said, "because the device was, after all, a pirating or hijacking of the very heart of the legislative process." Early in our country's history, members of both the House and the Senate had the power to filibuster bills, but as the number of representatives grew, the House changed its rules to limit debate, an article on the history of the U.S. Senate said. Since 1841, senators have mounted filibusters to stop debates. Finally, in 1917, President Woodrow Wilson demanded that senators to adopt a rule that would end debate by a two-thirds majority vote, known as cloture, the Senate history said. Wilson was angry that "a little group of willful men" successfully blocked his attempt to arm merchant ships. While senators from both parties undoubtedly have used the filibuster for what they deemed noble causes, the tactic also was used for some despicable purposes. Southern Democratic senators repeatedly and successfully filibustered to block passage of any civil rights and anti-lynching laws. In the longest filibuster in U.S. history, Sen. Strom Thurmond, then a South Carolina Democrat, held forth for 24 hours and 18 minutes straight against the Civil Rights Act of 1957. However, it ultimately passed. Seven years later, the Senate invoked cloture to stop a 57-day filibuster against the Civil Rights Act of 1964 and passed it, the Senate article said. Since 1975, Senate rules have required a three-fifths vote, instead of two-thirds, to invoke cloture. That means it takes 60 votes in the 100-member Senate to invoke cloture to stop a filibuster. It effectively takes a 60-vote majority, not a simple 51-vote majority, to pass legislation in the Senate. But the Senate can also attach legislation to the reconciliation bill, as Republicans, then in the majority, did to pass the 2001 tax cuts advocated by President George W. Bush. That required only a simple majority. Like most senators, neither of Montana's Democratic senators, Max Baucus nor Jon Tester, is demanding a change to Senate rules to eliminate the filibuster. "Max feels that the Senate has a very important role in regards to checks and balance, and the filibuster is an important tool in protecting the minority's rights," said Baucus' spokesman, Ty Matsdorf. "As the historic 'cooling saucer,' the Senate can make sure the legislation is right for the country." Matsdorf was referring to the Senate's traditional role as the "cooling saucer." That's was George Washington told Thomas Jefferson in describing the role of the Senate. The Senate needed to chill the hot tea or coffee, referring to the hot political passions of the House, before taking up legislation. "The filibuster is part of our system of government," said Tester's spokesman, Aaron Murphy. "But Jon feels that saving lives, saving money, holding insurance companies accountable and improving access to quality health care are too important to be blocked by partisan politics." Johnson is chief of the Lee Newspapers State Bureau in Helena. He can be reached at (800) 525-4920 or 447-4066. His e-mail address is [email protected]. To see more of The Montana Standard, or to subscribe to the newspaper, go to http://www.mtstandard.com. Copyright (c) 2009, The Montana Standard, Butte Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. [ Back To TMCnet.com's Homepage ]