The Economist explains

How filibustering works

By A.A.K.

IN MARCH ministers of the South Korean parliament set a new world record by speaking for 192 hours to delay an anti-terror bill that would have given sweeping powers of surveillance to the country’s intelligence services. In the nine-day speechathon, some lawmakers wore trainers and read out passages from George Orwell’s "1984". Despite their doggedness, the bill passed. Theirs was a long shot anyway. The ministers would have had to go on for another eight days to block the bill. But this was an extreme example of an obstructive action known as filibustering that can play an important part in political and legislative systems.

The filibuster is a parliamentary process that offers lawmakers the means to delay a vote on a proposed legislation by making long and sometimes irrelevant speeches. It is meant to provide the minority party a voice. It may have its origins in the Roman era: Cato the Younger would speak relentlessly to oppose a bill until sunset (the rules demanded that all Roman Senate business be concluded before nightfall). Today, filibustering can be a test of physical endurance. Beginning on August 28th 1957, Strom Thurmond, a senator from South Carolina, spoke softly into the microphone for 24 hours and 18 minutes in an attempt to scupper a civil-rights bill. He had earlier taken a steam bath to dehydrate himself and delay the bathroom break that eventually came. Listeners are not spared either. In 2013 in a bid to block a health-care bill, the former presidential candidate Ted Cruz read from Dr Seuss's “Green Eggs and Ham”. In 1935 a Louisiana Democrat, Huey Long, recited recipes for salad dressing and discussed the best ways to fry oysters.

American senators can also filibuster without droning on. It takes 60 votes (out of 100) or three-fifths of the Senate to break a filibuster. So if the minority party manages to get 41 senators on their side, they can steamroll a bill by simply threatening to filibuster. And since Republicans hold 54 senate seats compared to 44 for Democrats (plus two independents), virtually all Senate action today is filibustered. There are other ways to delay proceedings too. In 2009, ministers in the New Zealand parliament proposed thousands of amendments to local government reforms in the indigenous Maori language, which then had to be translated into English. Some countries like Australia enforce strict time limits on speeches. The British parliament allows its public servants to carry on as long as they stay on topic, which partly explains why the record for the longest parliamentary speech in their century is just three hours and 17 minutes.

America might do well to follow this example. Two-thirds of all filibusters have come in the past 30 years, with an even more disproportionate number in the past decade. In 2009, the count was 67: three times as many as in the 20-year period between 1950 and 1969. Filibustering “is no longer used in a responsible way to govern,” Barack Obama complained in 2013. “It is rather used as a reckless and relentless tool to grind all business to a halt.” As if to illustrate his point, on April 25th, a state senator in Missouri threatened to block a tax bill by reading “The 50th Law”, a self-help book co-authored by Curtis “50 Cent” Jackson, a rapper turned actor.

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