| The filibuster as a political delaying tactic has been | | | | had left him. |
| a part of the American political process since the | | | | On April 24, 1953, Senator Morse began to |
| adoption of the U.S. Constitution. Though it was | | | | filibuster against Tidelands Oil legislation. He kept |
| not used in the early years of the nation, the | | | | the floor for 22 hours and 26 minutes, breaking |
| filibuster has been used hundreds of times since | | | | the filibuster record of 18 hours held by his |
| the 1840's. Here are a few of the famous | | | | mentor, Wisconsin Senator Robert La Follette. |
| filibusters from our political history. | | | | Senator Morse is remembered through numerous |
| The U.S. Constitution does not limit the length or | | | | colorful stories. For example, Clare Booth Luce, |
| nature of debate on the floors of the Senate or | | | | former U.S. Senator and Ambassador to Italy had |
| the House of Representatives. The House has | | | | to resign her appointment when she made the |
| since adopted rules which limit the length of | | | | insulting but funny remark that her problems with |
| debate since the House has a very large number | | | | Senator Morse began when he was kicked in the |
| of Representatives. But the smaller Senate has | | | | head by a horse. |
| always upheld the right of a recognized Senator | | | | Senator Strom Thurmond |
| to debate an issue for as long as he or she | | | | About 9 p.m. on August 28, 1957, Senator Strom |
| wishes to hold the floor. Senate Rule 19 and Rule | | | | Thurmond rose before the Senate and |
| 22, the cloture rule adopted in 1917, create some | | | | announced, "Mr. President, I rise to speak against |
| guidelines for conducting a debate and for closing | | | | the so-called voting rights bill, H.R. 6127." His own |
| the debate when it becomes lengthy. | | | | staff had not been informed about Senator |
| Senator Henry Clay | | | | Thurmond's intentions to filibuster the bill, but they |
| In 1841 Senator Henry Clay proposed a bank bill | | | | knew something was up when they saw |
| that was opposed by Senator John C. Calhoun | | | | Thurmond gathering considerable reading material. |
| who began a lengthy, seemingly unending, rebuttal. | | | | Senator Thurmond had prepared himself for a |
| Calhoun basically created the modern filibuster. | | | | long filibuster on the Senate floor. Earlier in the |
| Clay threatened to change the Senate rules in | | | | day he had spent time in the Senate steam |
| order to close debate on the issue. Clay's | | | | room, dehydrating himself so that he would |
| colleague, Thomas Hart Benton, rebuked Clay and | | | | absorb all the water he drank without having to |
| accused him of trying to stifle the Senate's right | | | | visit the restroom. His wife packed a steak |
| to unlimited debate. | | | | sandwich lunch for him and she stayed in the |
| Through the next few turbulent decades and into | | | | family gallery throughout the night. Thurmond |
| the 1960's the filibuster was used often by | | | | brought a quantity of malted milk tablets and |
| Southern Democrats to block civil rights legislation. | | | | throat lozenges from his office. |
| The filibuster had been seen by the minority | | | | Senator Thurmond began his filibuster by reading |
| party as a tool to combat the potential "tyranny | | | | each state's election statutes. He later read and |
| of the majority," but the frequent usage of the | | | | discussed an opinion by Chief Justice Taft. He also |
| filibuster by the Southern Democrats became | | | | read and discussed the Declaration of |
| characterized as the "tyranny of the minority." | | | | Independence, the Bill of Rights, and Washington's |
| Senate Rule 22 | | | | Farewell Address. His staff, concerned for |
| President Woodrow Wilson suggested that some | | | | Senator Thurmond's health, was finally successful |
| limits be placed on the unlimited debate concept. | | | | in getting him to leave the floor. |
| In 1917 the Senate adopted Senate Rule 22, now | | | | After 24 hours and 18 minutes, a record that still |
| known as the "cloture" rule. The new Rule 22 | | | | stands, Senator Thurmond concluded his remarks |
| provided the mechanism to close out debate on a | | | | with, "I expect to vote against the bill." The bill |
| legislative bill and bring the bill up for a vote if | | | | was defeated. |
| cloture was approved by 67% of the Senate. | | | | The Civil Rights Act of 1964 |
| The 67% requirement remained in effect until | | | | On June 10, 1964, Senator Robert Byrd of West |
| 1975 when Rule 22 was amended to allow a 60% | | | | Virginia finished his address begun on the previous |
| agreement to invoke cloture. | | | | day, slightly more than 14 hours earlier. He |
| Cloture Rule 22 was tested in 1919 when the | | | | filibustered against the Civil Rights Act of 1964, an |
| Senate was asked to ratify the Treaty of | | | | act which was debated by Byrd and others for |
| Versailles, which ended World War I. The treaty | | | | 57 working days, including 6 Saturdays. |
| was debated and filibustered, but a 67% majority | | | | Senate President Hubert Humphrey from |
| voted to end the filibuster and to bring the treaty | | | | Minnesota needed 67 votes to be able to carry |
| to a vote. | | | | the motion for cloture. Minority Leader Senator |
| Senator Huey Long | | | | Everett Dirksen, the always eloquent senator |
| Senator Huey Long, the fiery and colorful senator | | | | from Illinois procured the Republican votes |
| from Louisiana, made the filibuster famous | | | | necessary to pass the cloture motion. "Stronger |
| between 1932 and 1935 when he utilized it several | | | | than all the armies is an idea whose time has |
| times to stall legislation that he considered unfair | | | | come," he said. "The time has come for equality |
| to the poor. Long frustrated his opponents and | | | | of opportunity in sharing in government, in |
| entertained the Senate gallery by reading | | | | education, and in employment. It will not be |
| Shakespeare, reciting shrimp and oyster recipes | | | | stayed or denied. It is here!" |
| and talking about "pot-likkers." An amendment to | | | | The final roll call vote on cloture resulted in 71 |
| Senate Rule 19 later required that debate on | | | | votes in favor and 29 votes opposed. It was the |
| legislation be germane to the issue being debated. | | | | first time in history that cloture had been invoked |
| On June 12, 1935, Senator Long engaged in his | | | | on civil rights legislation. The 1964 Civil Rights Act |
| most famous filibuster. A bill was before the | | | | was the most sweeping of its kind in our history. |
| Senate to eliminate the provision for the Senate | | | | Justice Abe Fortas |
| to confirm senior National Recovery Act | | | | In June of 1968 Chief Justice Earl Warren notified |
| employees. Senator Long opposed the bill because | | | | President Lyndon Johnson that he would be |
| he didn't want his political adversaries in Louisiana | | | | retiring from the Supreme Court. This move gave |
| to obtain lucrative N.R.A. jobs. Senator Long spoke | | | | President Johnson time to nominate a successor |
| for 15 hours and 30 minutes running well into the | | | | since he was not planning to seek re-election as |
| evening and early morning hours with senators | | | | President. Johnson nominated Associate Justice |
| dozing at their desks. Long read and analyzed | | | | Abe Fortas to replace Warren. At the same time |
| each section of the Constitution, a document | | | | Johnson nominated Texas Appeals Court Justice |
| which he claimed had become "ancient and | | | | Homer Thornberry to replace Fortas, a move |
| forgotten lore" under President Roosevelt's New | | | | that was designed to satisfy southern senators. |
| Deal. | | | | President Johnson counted on Senators Everett |
| After the reading of the Constitution Senator | | | | Dirksen and Richard Russell for their support of |
| Long offered to give advice to the remaining | | | | the nomination. When Abe Fortas testified at his |
| senators on any subject of their choosing. No | | | | own confirmation hearing, an unprecedented |
| senator took Long up on his offer but the gallery | | | | occurrence, it was revealed that Fortas worked |
| patrons began sending notes to the floor for | | | | uncomfortably closely with the White House staff |
| Senator Long to extemporize on. That kept Long | | | | and the President. Later it was learned that Fortas |
| going into the early hours of the morning. At 4 | | | | was being paid a large sum, privately, to teach an |
| a.m. Long yielded the floor in order to use the | | | | American University summer course. At this point |
| restroom and his proposal was defeated. | | | | Dirksen, Russell, and other senators withdrew |
| James Stewart brought more fame to the | | | | their support. |
| filibuster when he played the role of Senator | | | | Though the committee recommended |
| Jefferson Smith in the 1939 film, "Mr. Smith Goes | | | | confirmation of Justice Abe Fortas, a filibuster |
| to Washington." Stewart's character launched into | | | | ensued on the Senate floor to block his |
| a filibuster in response to an attempt to ridicule | | | | confirmation, the first filibuster in Senate history |
| him. | | | | on a Supreme Court nomination. On October 1, |
| Senator Wayne Morse | | | | 1968, the Senate was unable to tally the 67 |
| Senator Wayne Morse from Oregon was called | | | | votes needed to invoke cloture and President |
| "The Tiger of the Senate" and served in the | | | | Johnson withdrew the nomination. |
| Senate under 5 Presidents. In 1952 Senator Morse | | | | The use of the filibuster has increased from 16 |
| left the Republican Party, claiming independent | | | | filibusters in the 19th century to 66 in the first |
| status, when he objected to sections of the | | | | half of the 20th century to 195 in the period from |
| party platform and Dwight Eisenhower's choice of | | | | 1970 to 1995. It is likely that the filibuster will |
| Richard Nixon as his vice presidential running mate. | | | | continue to play an important role in the American |
| Senator Morse claimed that the Republican Party | | | | political process. |