Defending the Filibuster

by Arenberg, Richard A.; Dove, Robert B.; Udall, Mark; Kaufman, Ted

• ISBN13: 9780253001917
• ISBN10: 0253001919
• Format: Hardcover
• Copyright: 2012-08-21
• Publisher: Indiana Univ Pr

Summary

Recent legislative battles over healthcare reform, the federal budget, and other prominent issues have given rise to widespread demands for the abolition or reform of the filibuster in the US Senate. Critics argue that members' traditional rights of unlimited debate and unlimited amendment have led to paralyzing requirements for supermajorities and destructive parliamentary tactics such as "secret holds." In Defending the Filibuster, a veteran Senate aide and a former Senate Parliamentarian maintain that the filibuster is fundamental to the character of the Senate. They contend that the filibuster protects the rights of the minority in American politics, assures stability and deliberation in government, and helps to preserve constitutional principles of checks and balances and separation of powers. Arenberg and Dove provide an instructive historical overview of the development of Senate rules, define and describe related procedures and tactics, examine cases related to specific pieces of legislation, and consider current proposals to end the filibuster or enact other reforms. Arguing passionately in favor of retaining the filibuster, they present contrasting opinions and extensive background material in this stimulating assessment of the issues surrounding current debates.

Table of Contents

Foreword	p. ix
Preface	p. xiii
Soul of the Senate	p. 1
Filibuster, Cloture, and Unfettered Amendment	p. 10
History of the Filibuster	p. 19
Polarized Politics and the Use and Abuse of the Filibuster	p. 28
Criticisms of the Filibuster	p. 51
The Dangers of Overzealous Reform	p. 66
Related Tactics: Holds	p. 85
Related Tactics: Filling the Amendment Tree	p. 96
Circumventing the Filibuster: Reconciliation	p. 109
Reforming the Filibuster: The Constitutional Option	p. 117
Reforming the Filibuster: The Nuclear Option	p. 135
Bring in the Cots	p. 142
Defending the Filibuster	p. 153
Epilogue	p. 178
Appendixes	p. 193
Notes	p. 203
Selected Bibliography	p. 231
Index	p. 249
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