US President Donald Trump has urged Senate Republicans to abolish the legislative filibuster amid an ongoing government shutdown with no resolution in sight.
Frustrated by Democrats’ refusal to accept a Republican funding bill, Donald Trump said, “Republicans, terminate the filibuster and bring back the American Dream. If you don’t do it, the Dems will, and you’ll never see office again.”
What Is The US Senate Filibuster?
The US Senate filibuster is a procedural tactic that allows one or more senators to delay or block a vote on proposed legislation by extending debate or using other parliamentary manoeuvers. It gives the minority party significant power to influence or obstruct the majority’s legislative agenda.
How It Works In Practice
Normally, the Senate can pass legislation with a simple majority of 51 votes. If senators object and choose to continue debate indefinitely, the only way to end that debate is by invoking cloture, a motion that requires 60 votes, or three-fifths of the Senate, to proceed to a final vote. After cloture is invoked, up to 30 more hours of debate are still allowed before a vote.
This means most major legislation needs 60 votes to advance, making it difficult for the majority party to pass bills without bipartisan support.
History Of The Filibuster
The filibuster is not mentioned in the US Constitution. It developed over time due to Senate rule changes. In 1806, the Senate dropped the “previous question” motion, which had allowed a simple majority to end debate. That decision unintentionally opened the door to unlimited debate, which is a key element of the filibuster.
In 1917, amid frustration over wartime obstruction, the Senate adopted Rule XXII, establishing the cloture rule, which initially required a two-thirds vote to end debate.
In 1975, this threshold was reduced to three-fifths (60 votes), creating the standard that exists today. Over time, the filibuster evolved into a routine political tool used by both parties to shape, slow, or block legislation.
The Filibuster’s Effect On Legislation
- Raises the vote threshold: Most Senate bills now need 60 votes to advance instead of a majority. The cloture rule requires three-fifths of senators to end debate, making bipartisan support essential.
- Empowers the minority party: Even a threat of filibuster by 41 senators can stop a bill from reaching the floor, giving the minority significant leverage to block or shape legislation.
- Slows lawmaking: The filibuster often leads to legislative gridlock. To bypass it, senators use tools like budget reconciliation, which allows some bills to pass with a simple majority.
- Reduces real debate: Research shows modern filibusters actually decrease floor discussion. Floor speeches dropped by up to 28 per cent when the practice became common, as per the University of Chicago.
- Shapes how bills are written: Because of the 60-vote rule, leaders often design bills to attract bipartisan support or use special processes to bypass the filibuster altogether.
Exceptions Of The Filibuster
Some Senate decisions don’t follow the filibuster rule.
For example, budget bills, certain trade deals, and presidential appointments can be approved with just a simple majority vote. In recent years, senators have also used what’s called the “nuclear option” to change the rules and remove the filibuster for most nominations, including Supreme Court judges.
Types Of Filibusters: ‘Talking’ And ‘Silent’
A “talking filibuster” is the traditional form, where a senator physically stands on the Senate floor and speaks for as long as possible to delay a vote. This could last for hours or even days. The longest talking filibuster was once held by Senator Strom Thurmond in 1957 against the Civil Rights Act, until Senator Cory Booker broke the record in April 2025 by speaking for over 25 hours.
A “silent filibuster”, used since the 1970s, doesn’t require senators to keep talking. Instead, if 41 or more senators threaten to block a bill, the Senate majority leader often avoids bringing it to a vote altogether. This version is easier to use and has made filibusters far more common in modern times.
Legislation Blocked By The Filibuster
- Anti-lynching bills (1920s-1930s): Southern senators repeatedly used the filibuster to stop federal anti-lynching laws in 1922, 1923, 1924, 1935, and again in 1938, even though such bills had strong public and congressional support.
- Anti-poll tax laws (1940s): Filibusters in 1942, 1944, and 1946 prevented Congress from banning poll taxes that suppressed Black voters in the South. Poll taxes were finally abolished through the 24th Amendment in 1964.
- Fair Employment Practices Commission (1946): Southern Democrats filibustered a bill that would have made permanent a wartime agency protecting minority workers from discrimination.
- Civil Rights Act of 1966: A filibuster led by Senate Minority Leader Everett Dirksen and several Republicans blocked a bill aimed at ending housing discrimination.
- National Popular Vote Amendment (1970): Southern senators, including Sam Ervin and Strom Thurmond, filibustered an amendment to replace the Electoral College with a direct popular vote for president.