Filibuster

What is a Filibuster and How Does It Work?

A filibuster is a political procedure where one or more members prolong debate on proposed legislation to delay or prevent a decision. This tactic, often seen as a way to obstruct progress, has roots that stretch back centuries. The term ‘filibuster’ originates from the Dutch vrijbuiter (‘freebooter’) but its modern English form was borrowed in the early 1850s from the Spanish filibustero, referring to private military adventurers.

The First Known Practitioners of Filibustering

One of the first known practitioners of the filibuster was Roman senator Cato the Younger, who used long-winded speeches to obstruct legislation. He employed this tactic twice against Julius Caesar, with the first incident occurring during Caesar’s return home in 60 BC and the second in 59 BC. These early examples set a precedent for what would become a common practice in many legislative bodies around the world.

Filibustering Around the Globe

Filibustering has been observed in other countries’ parliaments, such as Australia and Canada. In Australia, Tony Abbott’s Liberal National coalition used suspension of standing orders to filibuster in 2012, while in Canada, a dramatic example of filibustering took place between June 23-25, 2011. In an attempt to prevent Bill C-6 from being passed, the New Democratic Party (NDP) led a 58-hour filibustering session in the House of Commons.

Former Conservative Member of Parliament Tom Lukiwski was known for his ability to stall parliamentary business with filibusters. One notable instance occurred when NDP MP David Christopherson spoke for over 8 hours at the Procedure and House Affairs Committee in early 2014. Another example involved the Liberal government dropping the most controversial elements of their proposal after opposition MPs united to filibuster against it from March 21 until May 2, 2017.

Provincial Legislatures and Filibustering

In provincial legislatures, examples of filibustering include:

• In Newfoundland and Labrador, the Liberal Party debated among themselves about their budget after both parties showed no interest in debating the issue.
• In Ontario, Mike Harris led a filibuster in 1991 to derail the NDP’s budget by introducing a bill with 500 amendments that read out the names of every lake, river, and stream in the province.
• In 1997, the NDP introduced 11,500 amendments to prevent the amalgamation of municipalities into Toronto. Each amendment would name a street in the proposed city and hold public hearings for residents of that street.

The Ontario Liberal Party joined with amendments giving historical designations to streets named in the amendments. The NDP added over 700 amendments proposing different dates for the bill to come into force. The filibuster began on April 2 with the Abbeywood Trail amendment, occupying the legislature day and night.

India, Ireland, New Zealand, UK, and Beyond

In India, closure of debate is allowed with a simple majority decision of the house. Ireland’s Justice Minister Alan Shatter performed a filibuster in 2014. New Zealand opposition parties delayed voting for the Employment Relations Bill and staged a filibuster against the Local Government (Auckland Reorganisation) Bill.

The UK Parliament has used filibustering to ‘talk out’ bills, including a 1983 instance where Labour MP John Golding talked for over 11 hours. In November 2014, Conservative MPs Philip Davies and Christopher Chope filibustered a private member’s bill to prohibit retaliatory evictions. Conservative Minister Sam Gyimah filibustered a bill in October 2016 that would pardon historic convictions for homosexual acts.

The all-time Commons record for non-stop speaking was set by Henry Brougham in 1828, and the 21st century record was set on December 2, 2005, by Andrew Dismore. A notable filibuster took place in the Northern Ireland House of Commons in 1936 when Tommy Henderson spoke for nine and a half hours.

The U.S. Senate Filibuster

The filibuster is a powerful legislative device in the United States Senate. Even if a filibuster attempt is unsuccessful, the process takes floor time. The procedure was not enumerated in the U.S. Constitution and became theoretically possible with a change of Senate rules in 1806. Rarely used for much of its history, it was strengthened in the 1970s and since the 2010s, the majority has preferred to avoid filibusters by moving to other business when threatened.

In recent decades, all major legislation apart from budget reconciliation requires a 60-vote majority to pass. Under current Senate rules, any modification or limitation of the filibuster would be a rule change that could itself be filibustered. A simple majority can limit the practice by overruling decisions of the chair. The removal or substantial limitation of the filibuster by a simple majority is called the constitutional option by proponents and the nuclear option by opponents.

The Democratic-controlled Senate voted to require only a majority vote to end a filibuster of all executive and judicial nominees, excluding Supreme Court nominees, in 2013. In 2017, the Republican-controlled Senate voted to require only a majority vote to end a filibuster of Supreme Court nominees. A three-fifths (60-vote) supermajority is still required to end filibusters on legislation.

In 2021, the Senate filibuster’s past fuelled arguments for its end, particularly its use in blocking civil rights legislation, described as racist by the Associated Press. The Democratic-controlled Senate voted to change the filibuster in 2022 but the vote failed due to defections from Democratic Senators Joe Manchin and Kyrsten Sinema.

House of Representatives and State Legislatures

In the House of Representatives, a permanent rule limiting the duration of debate was created in 1842, eliminating the disappearing quorum tactic. The magic minute allows party leaders to speak for as long as they wish, with Kevin McCarthy setting a record for the longest speech on the House floor (8 hours and 33 minutes) in opposition to the Build Back Better Act.

Only 14 state legislatures permit a filibuster, including Alabama, Alaska, Arkansas, Connecticut, Florida, Hawaii, Idaho, Maine, Missouri, Nebraska, South Carolina, Texas, Utah, and Vermont. In France, parliamentary obstructionism is often achieved through points of order and amendments, with the record number of amendments occurring in August 2006.

The French constitution gives the government two options to defeat a filibuster, including the use of article 49 paragraph 3 procedure. In parliamentary debates:

• The left-wing opposition withdrew amendments to allow for a vote on privatization, abandoning their filibuster.
• In Chile: – Jorge Ulloa spoke for six hours in 1993. – Jaime Naranjo spoke for almost 15 hours in 2021 during the impeachment of President Sebastián Piñera.
• In Hong Kong: – Pro-establishment legislators used a filibuster in 1999 to delay voting on a bill. – The pro-democracy camp used a filibuster in 2009 and again in 2012 to delay voting on bills related to the Guangzhou-Shenzhen-Hong Kong Express Rail Link.
• In Italy, there are ancient traditions of filibustering with motions or amendments.
• In Iran: – Hossain Makki’s four-day filibuster during Iranian oil nationalisation in the Majlis (Iran) was successful. The fate of certain bills remained to be decided by the next Majlis.

South Korean opposition lawmakers started a filibuster on February 23, 2016, to stall the Anti-Terrorism bill. The filibuster ended on March 2 with a total of 193 hours and the passing of the bill. South Korea’s 20th legislative elections were held 2 months after the filibuster, and the opposite party won more seats.

In Spain, opposition lawmakers started a filibuster on September 6, 2017, to stall an independence referendum in the Catalonian parliament.

Conclusion

The filibuster remains a contentious issue in many legislative bodies around the world. It serves as both a tool for obstruction and a means of ensuring thorough debate. As political dynamics shift, so too do the strategies employed by lawmakers to navigate this complex landscape. Whether seen as a necessary safeguard or an unnecessary delay, the filibuster continues to shape the course of legislation and policy.