The Senate no longer has that rule on its books. The House kept their motion, and today it empowers a simple majority to cut off debate. Both rulebooks included what is known as the “previous question” motion. The House and Senate rulebooks in 1789 were nearly identical. However, when we dig into the history of Congress, it seems that the filibuster was created by mistake. Short-term, pragmatic politics shape contests to change Senate rules.Įdited by Bruce Katz and Robert E. Instead, it was the product of hard-nose bargaining with an obstructive minority. Third, creation of the cloture rule in 1917 was not a statement of the Senate’s love for supermajority rules. But most such efforts to bar the filibuster were filibustered. But the golden age was not so golden: Senate leaders by the 1840s were already trying to adopt a cloture rule. Second, we often say that the 19th century Senate was a golden age of deliberation. When we scour early Senate history, we discover that the filibuster was created by mistake. I want to offer three arguments today about that history.įirst, historical lore says that the filibuster was part of the original design of the Senate. I appreciate the opportunity to testify today about the history of the filibuster. I am a senior fellow at the Brookings Institution and a professor of political science at George Washington University. Binder notes that the filibuster was not part of the original design of the Senate and the creation of the cloture rule was not a statement of the Senate’s love for supermajority rules, but rather the product of hard-nose bargaining with an obstructive minority.Ĭhairman Schumer, Ranking Member Bennett, and members of the Committee. Senate Committee on Rules and Administration, Sarah Binder counters a number of conventionally held notions about the origins and history of the Senate filibuster. Editor’s Note: In testimony before the U.S.
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