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Government

So What Exactly Is an Old-School Filibuster and How Does It Work?

Mar. 6, 2013 3:55pm Eddie Scarry

Sen. Rand Paul, R-Ky., testifies before a state legislative committee on the legalization of growing hemp at the Capitol Annex in Frankfort, Ky., Monday, Feb. 11, 2013.Credit: AP

Sen. Rand Paul (R-Ky.) began an actual talking filibuster against the nomination of John Brennan as CIA director on Wednesday, a move the Senate hasn’t seen in a while.

Most in the political chattering class say when Paul, who said at the start “I will speak until I can no longer speak,” finishes, Brennan will be inevitably confirmed. So what’s a filibuster and how’s this going to end?

A filibuster is when a senator holds up a vote. Technically, it refers to a senator talking on the Senate floor to hold up the vote, but in modern times, one need only inform the Senate majority leader that he will filibuster. The leader will usually then simply hold up the vote until an agreement to proceed is reached. Sixty votes are needed to end filibuster, which is known as cloture. Once cloture has been attained, debate can follow on a proposed bill or appointment and then it is voted upon.

Senate leaders in both parties adjusted the rules of the filibuster in January. The changes essentially reduced the number of hours of debate that can happen post-cloture, shorten the time it takes to officially confirm judicial nominees who has been voted on and guarantee the minority party will be able to offer two amendments to any bill. The changes, however, did not affect presidential appointees to circuit-level courts or cabinet positions, according to CQ Roll Call. The changes also did not prevent individual senators from stalling votes by threatening to filibuster or actually do it by talking indefinitely on the Senate floor.

As for how it’ll end, that depends on how long Paul wants to stand on the floor talking.

The last time the Senate saw this kind maneuver, via the Huffington Post:

The last “talking” filibuster was in 2010, when Sen. Bernie Sanders (I-Vt.), spoke out against extending the Bush-era tax cuts. Filibuster reform advocates have proposed returning to this old-fashioned style.

Though the January changes to the filibuster rule didn’t state a senator must actually be speaking on the floor to hold up business, that’s the route Rand has taken.

When Rand made clear his intent to filibuster Wednesday, Democratic Whip Sen. Dick Durbin (D-Ill.) told Roll Call that “if this is an indication of where we’re headed, we need to revisit the rules again.”

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Comments (31)

wopalope
Posted on March 7, 2013 at 12:54pm
So when do “we..the people.” march on Congress?
(It will do no good to march on the WH.)

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ts05
Posted on March 7, 2013 at 12:28pm
Hey, Blaze…the work you put into this article is atypically half-a$$ed. You didn’t answer some key questions:

1. How, specifically, could a filibuster prevent (as opposed to delay) a measure? What’s the point of spending all that time and energy if the measure will be inevitably passed regardless of a filibuster?

2. If it turns out a filibuster can, indeed, block a measure, then what are some strategies that a filibusterer can use? Can he/she run to the bathroom while someone else is speaking during his/her time? Can he/she ‘hand off’ speaking duties to other congressmen indefinitely?

If you’re going to write an article about “how filibusters work,” then do it thoroughly or don’t do it at all.

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Dismayed Veteran
Posted on March 7, 2013 at 8:47am
As my grandfather used to say: God save the good work.

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jackact
Posted on March 6, 2013 at 6:54pm
A filibuster is when younger more educated congressman question establishment insiders about their non-existent knowledge of the US Constitution.

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- symphonic
  Posted on March 6, 2013 at 8:58pm
  You got that right
  
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- 2B
  Posted on March 6, 2013 at 9:23pm
  Oh my gosh yes! This is the best television (even though I am watching on the Internet) I have seen I think ever! I am so proud of these men. Each and every one of them speaking during this filibuster is a true Statesman. I certainly hope Oyucko is shamed and his approval drops down to 2% where it should be.
  
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willingtoupe
Posted on March 6, 2013 at 6:27pm
The Letter I is missing between his G and M.

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jedi-mind-trick
Posted on March 6, 2013 at 6:25pm
I like this guy, everyone please pray for him!

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DEFCON4
Posted on March 6, 2013 at 6:16pm
How ironic, Senator Paul is filibustering against Drones, to a bunch of ‘drones’.

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KingArthur
Posted on March 6, 2013 at 6:03pm
Keep your chin up and your water close Rand… Give em hell…

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VRW Conspirator
Posted on March 6, 2013 at 5:29pm
@GMP
I never thought of you as a Troll GMP….don’t be so down on yourself.. LOL….

_move along folks, nothing to see here_

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EQUALIZER
Posted on March 6, 2013 at 5:22pm
I hope Rand can duck fast in light of Obama’s free to assassinate doctrine.

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GMP
Posted on March 6, 2013 at 5:12pm
LOOK AT ME! EVERYONE! LOOK AT ME! I’M A TROLL AND I WANT ATTENTION! I will fit every stereotype you expect me to!! PAY ATTENTION TO ME!

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AUsername
Posted on March 6, 2013 at 4:53pm
Patriot Paul earning his right to passage to his next office whether its president or majority leader.

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1Flashlight
Posted on March 6, 2013 at 4:45pm
Not sure if the rule still stands but RP can yield time to other senators to take the floor and speak. NOW is the time for those senators to stand and if possible keep this going. RUBIO where are you on this? Time to take a stand man – get in there and join in to keep this going!!! Time to pass around some red-bull or power aid or 5 hour or ——-!!!!!

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- Baddoggy
  Posted on March 6, 2013 at 4:54pm
  Trouble is there are too many wolves in sheeps clothing. They would relinquish the floor to end the filibuster. I wouldn’t unless he had an ironclad guarantee…How ya gonna get that in back stab city? He is one of a few men with a backbone.
  Go Rand go!!!
  
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- Wilma
  Posted on March 6, 2013 at 5:00pm
  We need to call our Senators and urge them to get on the floor and support Rand Paul.
  
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- VRW Conspirator
  Posted on March 6, 2013 at 5:31pm
  so far 7 other men have risen and given Paul time to sit and relax..eat and pee….if Rand yields, that other person could refuse to yield back and that would end the debate…
  
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rochrealtor
Posted on March 6, 2013 at 4:43pm
Durbin your a communist!

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- Baddoggy
  Posted on March 6, 2013 at 4:55pm
  You just insulted communists…they aren’t that bad!!!
  
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gyro
Posted on March 6, 2013 at 4:39pm
With them flipping back and forth between speekers woud it not be posable to make this into days so cnn will notice it is happening ?

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- devotednana
  Posted on March 6, 2013 at 5:18pm
  cnn doesn’t notice a run in their stockings!!
  
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Hyperion5182
Posted on March 6, 2013 at 4:22pm
To break a standing you need less than 40 votes to sustain. (cloture) Right now i think if it came to a cloture vote this could be a shocking 46/54 with the possiblity of 51/49. I think there may be other democratic senators who join in on this. Be on the look out.

Rand Paul is pushing not just to ‘block the confirmation’. He wants a specific statement out of the white house concerning drones. I think Paul is willing to go until he collapses for this.

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- JRook
  Posted on March 6, 2013 at 4:43pm
  Its when a politician wastes an inordinate amount of time and resources on hearing themselves speak nonsense rather than actually furthering the interests of their country. Given that the congress has been taken over by individuals who promote ideological entitlements, such an action or rather inaction is not surprising.
  
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revelation2012
Posted on March 6, 2013 at 4:13pm
brennan is deeply involved with benghazi,,, thoughts and prayers are with you Sen. Paul Rand

the Spirit of TRUTH is among ‘us’ God’s will be done.

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- revelation2012
  Posted on March 6, 2013 at 4:15pm
  Rand Paul*
  
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tweetybird
Posted on March 6, 2013 at 4:11pm
Do all the other senators have to sit there until he is done?

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- Rowgue
  Posted on March 6, 2013 at 4:29pm
  Unlike real jobs house members and senators are not actually required to show up for work…ever. So no…everyone else is free to leave at any time. But they won’t because they’re going to wait for the split second he stops talking to push the vote through.
  
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THEDAYLIBERTYDIED
Posted on March 6, 2013 at 4:05pm
“When Rand made clear his intent to filibuster Wednesday, Democratic Whip Sen. Dick Durbin (D-Ill.) told Roll Call that “if this is an indication of where we’re headed, we need to revisit the rules again.”,”

Really? So you don’t like the rules because you don’t agree with someone or some point or some action so you just change the rules?? WTF! I though Chavez was dead. Clearly, I was wrong, he’s disguised as a US Senator…

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- Rowgue
  Posted on March 6, 2013 at 4:25pm
  They can’t “revisit” the rules anyway. The provisions for filibustering are in the constitution, not in senate rules. No matter how they change senate rules they can’t eliminate the ability to do a real filibuster. All they can change is how they handle their phony little declared filibusters that don’t actually take place.
  
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- RushEcho2
  Posted on March 6, 2013 at 7:19pm
  Good points. Read the Constitution. Rand says Obama shreds the Constitution.
  
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