Frequently Asked Questions About the Filibuster
What is the filibuster?
The filibuster is a procedural tool used in the US Senate to block or delay legislation. A filibuster can be overcome only if at least 60 senators vote to end it.
Doesn’t a senator need to speak the entire time in order to filibuster?
No. Any senator can initiate a filibuster, which then effectively prevents legislation from being passed by a simple majority, or a 50 vote threshold. This procedure of blocking legislation does not actually require speaking on the Senate floor.
Is the filibuster in the Constitution?
No, the filibuster is not in the Constitution.
I heard the filibuster has racist legacies – is that true?
Yes, the modern filibuster has been most widely and famously used to defend Jim Crow laws and to block civil rights and anti-lynching bills, and earlier versions of the filibuster were used in the 19th century by pro-slavery senators. After the cloture rule was created in 1917, about half of the time the filibuster was used was on civil rights legislation.
How does this relate to the modern-day Senate and voting rights?
On Tuesday, June 22, 2021, Republicans filibustered the Senate version of the For the People Act, otherwise known as H.R.-1. If the Senate had been able to proceed, the vote would have been 50-50, and Vice-President Kamala Harris would have cast the deciding vote. Republicans are opposed to this legislation because it would effectively negate laws enacted by various state legislatures to suppress the vote, and institute automatic and same-day voter registration, promotion of paper ballots, voting by mail, early voting, and non-partisan redistricting commissions. In short, it would make it easier – not harder – for Americans to vote.
Why should we reform or abolish the filibuster?
As the voice of Jewish Democrats, we are advocating to reform or abolish the filibuster to advance voting rights and protect our democracy, which is under unprecedented threat by Republicans. The filibuster itself is anti-democratic, and its use allows a minority of senators to block legislation that the majority of the Senate and the majority of Americans support. Our democracy is under attack from voter suppression laws in at least 48 states, and we cannot allow an arcane Senate procedure to stand in the way of our democratic right to vote.
What if Democrats eliminate the filibuster and Republicans take control of Congress?
The concern is that if the tables are turned, Democrats will not have the filibuster at their disposal to stop Republican legislation. Even if this were a valid consideration, nothing less than the future of our democracy is at stake. By abolishing or reforming the filibuster, we can not only protect the right to vote, but also ensure that the will of the people will be followed by Congress in the future. We cannot be afraid of what Republicans may do in the future, when we know they are not willing to defend our democracy in the first place.
What can I do to help?
It is important to secure the support of your Senators in reforming or abolishing the filibuster. Take action with JDCA – it takes 2 minutes to fill out this form to write to your Senators and tell them that you support reforming or abolishing the filibuster. If you live in West Virginia or Arizona, or if you have friends who live there, it’s especially important that you make your views known to your Senators and that you urge your friends to raise their voices with JDCA as well.