The Filibuster

The filibuster is a strategy used in the US Senate to prevent a bill coming to a vote by the floor.  Thou some believe the filibuster is in the Constitution, it is not.  It is enacted under Rule XXII of the Senate.  It states that one or more Senators may speak on any topic for any length of time. To end a filibuster there must be a cloture vote which requires 60 votes.  That is why the press would have you believe that work of  the government has come to an end with the election of Sen. Brown.  That is not exactly true.  Senators are not obligated to vote along party lines so it would be possible to have a cloture vote even though the current Senate make-up is 59 Democrats and 41 Republicans. 

One of the most famous filibusters in recent times was in response to the 1964 Civil Rights Act. Since the bill had already passed the House it was not necessary for the bill to go to the Senate Judiciary Committee first.  It could be introduced directly to the full Senate, an option not often used, with a vote to place it directly on the Senate calendar.  The reasoning behind this manuever was to make sure the bill was not killed in committee.

The filibuster was started by Senator Richard Russell, a Democrat from Georgia, on March 9, 1964. (Remember in the 1950s and 60s, the Southern Democrat was very much a segregationist.) The opposition block, consisting of eighteen Southern Democrats and John Tower, Republican from Texas, believed that if they could block the vote long enough public support would falter and the bill could be defeated. The Southern block was hoping George Wallace would do well in the Presidential primaries showing the American public wanted to uphold segregationist policies.

Senator Russell devised a strategy in which the filibuster team would operate in six three man teams.  One team would hold the floor, one speaking with the other two preparing to speak, while the other two teams rested for their turn to hold the floor.  For 57 working days the filibuster group held the floor.  The final speech by Senator Byrd lasted 14 hours and 13 minutes.  Senator Russell followed up with some closing remarks.

Senator Dirksen, a Republican,  worked behind the scene non-stop with his Democratic colleague, Senator Humphrey, to get the required number of votes for cloture.  On June 10, 1964, in front of a packed Senate chamber, Senator Dirksen spoke, invoking the words of Victor Hugo, stating the Civil Rights Bill was an "idea whose time had come."  The cloture vote was taken and the filibuster ended.  The 1964 Civil Rights Bill passed without the full support of the Democrats in the Senate. 

So, when we are told that the Democrats in the Senate have lost their ability to vote on cloture they are right. There are not 60 Democratic votes anymore but that does not mean that the two parties cannot work together and assemble enough votes for cloture and do what is right for the people instead of being held hostage by a few Senators. 

Just imagine what our society would be like if Senator Dirksen had not done the right thing regardless of party lines.  Perhaps our current Senate could learn a lesson from the 1964 Senate.