The Budget Blockade - Abolish The Filibuster

The Senate is held hostage to a Rule that was not sanctioned by the U.S. Constitution.

We are in a record period of government shutdown due to this Rule with Democrats unwilling to pass a Continuing Resolution for funding.

What is the Filibuster Rule ?

Here is the background history:

Prior to 1917 the Senate had no formal mechanism to cut off debate.  Senators could hold the floor with continuous speech preventing the vote on a Senate Bill.  This was known as a filibuster.

As a result, by the early 1900s, even one or two senators could obstruct votes on major national issues.

Response

In early 1917, during World War I, a small group of isolationist senators  filibustered a bill by President Woodrow Wilson who urgently requested passage of the Armed Ship Bill, which would authorize U.S. merchant ships to arm themselves against German submarine attacks.

The public outcry — and Wilson’s pressure — led the Senate to adopt Rule XXII shortly afterward, on March 8, 1917.

The new rule established for the first time that:

Debate could be brought to a close (“Cloture”) if two-thirds of senators present and voting agreed.

The Intent:

• For the first time in Senate history, filibusters could be broken.

• The rule applied to both legislation and nominations.

The initial Cloture threshold (two-thirds) was extremely high: the Senate’s right to limit debate by supermajority vote.

In 1975, the Senate reduced the cloture threshold from two-thirds to three-fifths (60 votes) of all senators.

Outcome:

Rule XXII did not meet the intended purpose.  The “Cloture Rule” is used by the Minority Party in the Senate to block bills from going to the floor for a vote.

Today we see it exemplified in the current Government Shutdown with the Senate unable to bring a Continuing Resolution to the floor for a vote which could be passed by a simple majority, not 60%.

Commentary:

The U.S. Constitution provides no direct guidance on this issue.  The Founding Fathers would be appalled at the dysfunction in Congress.

The Cloture Rule could be abolished by a simple majority vote in the Senate.  Unfortunately, Senate politicians are addicted to the fear of losing this power to block future legislation in the event their Party is in the minority.  This is an absurd condition in a democracy.

It can be resolved by a simple change to the Cloture Rule to a Simple Majority to end debate and put a Bill to the floor for a vote.  This is often referred to as the “Nuclear Option.”

Senate Republicans are resisting this change due to concern they could be in the Minority in the future and want to maintain the power to block a simple majority of votes.

Cogport considers the current Cloture Rule as an anti-democratic political tool to prevent legislation desired by a majority of votes. 

Change it !

David Hollaender                                          November 9, 2025

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