The Filibuster – What It Is and How It Affects Legislation!
- Marvina T.
- Apr 2
- 7 min read
Welcome back to our Voter Education Series, where we explain important political terms and concepts to help you stay informed and engaged. This week, we’re tackling the filibuster, a powerful and often controversial tool used in the U.S. Senate.
What is a Filibuster?
A filibuster is a political strategy used in the U.S. Senate to delay or block a vote on a bill. Senators can do this by indefinitely extending debate on the legislation, effectively preventing it from moving forward unless a supermajority of 60 senators votes to end the discussion through a cloture process.
Unlike in the House of Representatives, where debate time is limited, the Senate allows for unlimited debate, enabling filibusters to occur.
How Does the Filibuster Work?
There are two main types of filibusters:
Talking Filibuster: A senator speaks on the Senate floor for as long as possible to delay a vote.
Silent Filibuster: A senator can signal their intent to filibuster, and unless 60 senators vote to override it, the bill is effectively stalled without extended debate.
One of the most well-known tactics in the U.S. Senate, the filibuster, is often described as “talking a bill to death.” This phrase captures the essence of the strategy—using prolonged speeches or extended debates to delay or prevent a vote on legislation. Unlike other legislative procedures, the filibuster does not require substantive discussion; senators can continue speaking for hours, sometimes reading unrelated materials, as long as they do not yield the floor.
Why Does the Filibuster Matter?
The filibuster can protect minority opinions by giving the minority party a chance to prevent legislation from passing too quickly. However, it can also stall critical legislation and make passing laws more complex, leading to gridlock in Congress.
Key impacts of the filibuster include: ✔ Slowing Down Legislation: Bills with majority support can be blocked if they don’t have 60 votes. ✔ Shaping National Policies: Filibusters have impacted critical issues like voting rights, healthcare, and gun control. ✔ Balancing Power: It allows the minority party to have a more substantial influence on legislation.
Understanding the Cloture Process in the U.S. Senate
Understanding the cloture process is essential for grasping how the U.S. Senate overcomes filibusters to proceed with legislative action. Here's a concise breakdown:
Initiating Cloture: At least 16 senators must sign a cloture motion to propose ending debate on a specific issue.
Filing the Motion: The motion is typically filed by the majority leader and must be presented while the Senate is in session.
Waiting Period: After filing, there is a mandatory waiting period before the cloture vote can occur, allowing senators time to consider the motion.
Voting on Cloture: To invoke cloture, a three-fifths majority (usually 60 out of 100 senators) is required.
Post-Cloture Debate: Once cloture is invoked, debate is limited to 30 additional hours, after which the Senate proceeds to vote on the legislation.
This process ensures that while extended debate is possible, it cannot indefinitely stall legislative proceedings.
Notable Examples of Filibusters:
Strom Thurmond's Filibuster Against the Civil Rights Act of 1957
In 1957, Senator Strom Thurmond conducted the longest solo filibuster in Senate history, speaking for 24 hours and 18 minutes in an attempt to block the Civil Rights Act of 1957. Despite his efforts, the bill passed, marking the first civil rights legislation since Reconstruction. As of April 1, 2025, Strom no longer holds the record for the longest speech on the Senate floor, due to Senator Cory Booker’s 25-hour and 5-minute speech. We can’t count his speech as a filibuster because it wasn’t a debate against the passage of a specific bill. However, it has captured the attention of the American people, disheartened by the current administration's performance.
Filibusters Against Anti-Lynching Bills in the 1930s
During the 1930s, Southern senators used the filibuster to block anti-lynching legislation. Notably, the Costigan-Wagner Anti-Lynching Bill of 1934 and the Wagner-Van Nuys Anti-Lynching Bill of 1938 were both defeated due to extended filibusters, preventing federal action against lynching crimes.
Recent Filibusters Impacting Voting Rights Legislation
In 2022, efforts to pass federal voting rights legislation were impeded by a GOP-led filibuster. Attempts to modify the filibuster rules to allow these bills to pass with a simple majority were unsuccessful, highlighting the procedure's significant impact on contemporary policymaking.
Impact of the Filibuster on Legislation
The filibuster has profound implications for the legislative process:
Policy Stagnation: The necessity of securing a supermajority (typically 60 votes) to invoke cloture and end a filibuster means that even widely supported legislation can be stalled, leading to legislative gridlock.
Executive Actions: When legislative avenues are blocked, presidents may resort to executive orders to implement policy changes, bypassing Congress but potentially leading to less stable and more easily reversible policies.
Judicial Appointments: The filibuster has been used to delay or block judicial nominations, affecting the composition and decisions of the federal judiciary. Changes to filibuster rules for specific nominations have altered this dynamic in recent years.
The Debate: Should the Filibuster Stay or Go?
The filibuster is a subject of ongoing debate:
🔵 Supporters Say: It prevents one party from pushing through extreme policies too quickly and encourages compromise.
🔴 Opponents Say: It leads to gridlock, making it nearly impossible to pass meaningful legislation, even when the majority supports it.
Some have proposed reforming the filibuster by requiring senators to hold the floor and speak (a "talking filibuster") rather than simply threatening to block a bill.
The Filibuster's Impact on New Jersey Voters
The filibuster is more than just a procedural tactic in Washington—it directly affects policies that impact our communities.
Delays in Key Federal Legislation—Filibusters can stall or block critical issues such as infrastructure funding, healthcare access, and climate policies that benefit New Jersey residents. Delays in federal funding for public transit projects, coastal resilience programs, and disaster relief have real-life consequences for communities across the state.
Representation & Legislative Strategy—New Jersey’s senators must navigate the filibuster to advance legislation that benefits the state. This often means building bipartisan coalitions to gather the 60 votes needed to break a filibuster. However, this can lead to compromises that dilute the legislation's original intent.
Policy Outcomes for NJ Residents – Issues affecting transportation funding, education grants, flood protection, and gun safety regulations may be delayed due to filibuster roadblocks. This can slow down federal support for major projects and leave communities waiting for much-needed improvements.
The filibuster isn’t just a Senate rule—it directly shapes the policies that govern our daily lives. That’s why, as a New Jersey constituent, it’s imperative that you stay engaged, encourage representatives to prioritize the community, and ensure your voices are heard in Washington.
How New Jersey Voters Can Push for Filibuster Reform
The filibuster remains a significant barrier to passing key legislation, but there are multiple ways to reform or eliminate it. Reducing its impact, whether through procedural changes, new exceptions, or political action, could make the legislative process more efficient and representative of the majority's will.
Should the filibuster be eliminated or reformed?
As a constituent, you have the power to shape policy and influence your senators to represent your interests in Washington. Tracking voting records, contacting senators, joining advocacy groups, and voting ensures that elected officials prioritize the needs of the people they represent. Here are a few ways you can take action:
1️⃣ Know Your Senators
New Jersey’s U.S. Senators represent the state’s interests in Washington, D.C. As of 2024, they are:
✔ Senator Cory Booker (D)
✔ Senator Andy Kim (D)
2️⃣ Track Their Votes & Sponsored Legislation Stay informed about how your senators vote on key issues:
🔍 Congress.gov – Search bills and voting records.
🔍 GovTrack.us – Monitor their sponsored legislation and voting history.
🔍 NJ Legislature – Follow updates on state-level legislation.
3️⃣ Contact Their Offices Directly: Make your voice heard by reaching out to their offices:
📞 Call or Email – Share your thoughts on upcoming legislation.
🏛️ Attend Town Halls – Ask direct questions and express concerns.
✉ Write a Letter – Personalized letters often have more impact than mass emails.
📌 Find contact details:
4️⃣ Engage on Social Media
📲 IG: @corybooker FB: @SenatorCoryBooker X: @SenBooker
📲 IG: @SenatorAndykim FB: SenatorAndyKim X: @SenatorAndyKim
5️⃣ Join Advocacy Groups & Grassroots Movements: Be part of organizations that amplify your voice and push for change:
🔹 League of Women Voters NJ – Advocates for fair elections and informed voting.
🔹 Essex County Democratic Committee, Inc.– A progressive organization that works to improve Essex County residents' lives.
🔹 NJ Citizen Action – Mobilizes communities to influence policy decisions.
✅ Get involved! Sign petitions, attend rallies, and support initiatives that align with your values.
6️⃣ Vote in Every Election: Lawmakers who fail to represent their constituents should be held accountable at the ballot box. Make sure you’re registered, know key election dates, and stay informed about ballot measures and candidates.
🗳️ Find official voting information: www.nj.gov/state/elections
Summary
The filibuster remains a powerful procedural tool in the U.S. Senate, capable of shaping legislation and influencing national and state policies. While it serves as a check on majority power, ensuring extended debate and consideration, it can also lead to legislative paralysis, affecting enacting laws that address pressing issues. Understanding the filibuster's role and impact is crucial for informed civic engagement and discourse.
Knowing your elected officials' views on the filibuster and its role in the legislative process will help you better understand how it affects the issues that matter to you.
Coming Next Week: “Gerrymandering”- How it Shapes Elections and Representation in Essex County, New Jersey
Follow along as we continue our Voter Education Series to break down key political terms that impact our democracy!
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