The Filibuster and Cloture
Extended debate in the Senate and how to end it. 11 questions, each answer with its official source.
Test Yourself FirstWhat is a filibuster?
Using extended debate to delay or block a Senate vote
Senate rules allow debate to continue until the chamber votes to end it, so opponents can hold up a vote. Ending debate takes a cloture vote under Senate Rule XXII.
Is the filibuster in the Constitution?
No, it comes from Senate rules and practice
Article I, Section 5 lets each chamber determine the rules of its proceedings. The filibuster and cloture are creations of Senate rules, not the Constitution.
How many votes does it take to invoke cloture on most legislation?
60, three-fifths of all senators
Senate Rule XXII sets cloture on most matters at three-fifths of senators duly chosen and sworn, which is 60 with no vacancies.
How many senators must sign a cloture motion before it can be filed?
16
Senate Rule XXII requires a cloture motion to be signed by 16 senators. The vote on it comes one hour after the Senate convenes on the second day after filing.
After cloture is invoked on a measure, how much more time can the Senate spend on it?
Up to 30 hours
Senate Rule XXII limits post-cloture consideration to 30 hours, and each senator may speak for no more than one hour.
What does it take to invoke cloture on a proposal to change the Senate's rules?
Two-thirds of senators present and voting
Senate Rule XXII keeps a higher threshold for rules changes: two-thirds of the senators present and voting.
What vote is needed today to end debate on a presidential nomination?
A simple majority of those voting
In 2013 and 2017 the Senate set precedents by majority vote that lowered cloture on all nominations, including Supreme Court nominations, to a simple majority.
Before 1975, what was needed to invoke cloture?
Two-thirds of senators present and voting
The Senate first adopted a cloture rule in 1917 with a two-thirds threshold. In 1975 it lowered the bar for most matters to three-fifths of all senators.
Which kind of bill can pass the Senate by simple majority because debate on it is limited by law?
A budget reconciliation bill
The Congressional Budget Act limits Senate debate on a reconciliation bill to 20 hours, so it cannot be filibustered.
What does the Byrd rule do?
Keeps provisions out of reconciliation bills unless they have a real budgetary effect
Section 313 of the Congressional Budget Act lets senators strike extraneous matter from reconciliation, such as provisions whose budget effect is merely incidental. Waiving it takes 60 votes.
Does the House have a filibuster?
No, House rules limit how long members can debate
House Rule XVII limits a member to one hour of debate on a question, and special rules often set shorter total debate time for a bill.
Other Topics
- How Congress WorksHow a Bill Becomes LawFrom introduction to the president's desk
- How Congress WorksThe House435 voting members, elected every two years
- How Congress WorksThe SenateTwo senators per state, six-year terms
- How Congress WorksCommitteesWhere most bills are studied, amended or left to wait
- How Congress WorksFloor Votes and Roll CallsHow members vote and how votes are recorded
- How Congress WorksVetoes and OverridesThe president's no, and how Congress can overcome it
- How Congress WorksThe Budget and AppropriationsHow Congress decides what the government can spend
- How Congress WorksImpeachmentHow Congress can charge and remove federal officials
- How Congress WorksTreaties and NominationsThe Senate's advice and consent