Filibustering Practices in the USA - Essay Example

? Filibustering 6th, September, Introduction A filibuster is a parliamentary practice in which a debate is extended to allow more members to participate or to delay passing of a vote on the given debate or proposal. Under this practice, a senator or a member of parliament can delay a motion through a prolonged speech or procedures. The practice was common in ancient Rome where renowned senators such as Cato the Younger applied it to alter senate proceedings. The tactic has also been applied in other countries such as Britain, Spain Germany, and Australia. In the US, filibustering of bills has had outstanding outcomes compared to those from other countries. The Texas State Senate and United States Senate allow their members to filibuster bills. This paper analyzes the similarities and differences between Texas state senate and United States senate filibustering. Similarities In the US, filibustering is a powerful legislative tool and it has been used to influence many senate proceedings and outcomes. For instance in the united states senate, most major legislations require over 60% votes before being nominated for a house debate. While filibustering may be viewed as a democratic move in most senates, most people believe that filibustering is negative and uncalled for in any proceeding. This is evident in both the US and Texas state senate’s, where parliamentarians have created bills to stop filibustering. Filibustering has also attracted positive criticism in both the US and Texas state senate. For instance filibustering has been used to shun contentious bills from being passed without prior participation of all senate members. For instance, the abortion bill that threatened to criminalize abortion and instruct the closure of all abortion clinics has been delayed due to the existence of filibustering in the Texas. Thus, in both the US ant Texas state senate, filibustering has positive and negative criticism. Senate Rule XXII, the US state senate allows certain senators to prolong a bill or a speech for as long as they can. The law recognizes the necessity to prolong certain bills. This is usually true in both the US and Texas senate. In the US senate, prolong a house debate was an open practice until the house of representative passed a permanent rule in 1842 to limit the length of debates. Similar measures have been taken in the Texas state senate to regulate house debates. There are many uncertainties in filibustering bills as administered in both senates. The main issue attached to filibustering, is the determination of the length of a debate. According to critics, it is impossible to determine or out rule, the length of a bill based on the filibustering policy. For instance, it is impossible to define how long a long speech is. Lack of a clear-cut definition on the length of a debate has been applied by critics to shoot down filibustering bills. Lack of clear-cut policies on filibustering is evident in both the US and Texas state senate. The passage of filibustering legislations has not been welcomed by most senators who use lengthy discussions or debates to prevent or influence the passage of bills. The issue of filibustering is commonly associated with US politics. In both the Texas and US senates, republicans are believed to be the main filibusters. The political association is historic and it has minimal implication on bill passage. However, senate proceedings are influenced by the US senate. More so, the bill of rights and other contentious issues are often ruled out depending on political affiliations. The rules of both houses are clear on the issue of filibustering and neither of the houses identifies filibustering as a political issue. Indeed, both senates recognize filibustering as important in any proceedings. The cause of filibustering in both the US and Texas senate are similar and they are protected by the law. For instance the in the US senate, most common filibustering occur when a senator attempts to delay or obstruct a vote or a bill. On such situation, the rule allows the senator to initiate and prolong a speech or a debate for as they wish. This can only happen if the filibustering is not obstructed by at least two thirds of the senators. Under the current laws, parliamentary debates need not to end with votes. The law recognizes the existence of filibusters and their potential in swaying or initiating supplementary debates within the floor of the house. Difference The main difference between Texas and us senate filibustering, is the influence or the abilities of the filibusters. Under the current laws, US senate filibusters have the abilities to alter parliamentary debates with the exceptions of the budget debate. Budget bills are regulated by exceptional laws called “reconciliation” that do not support or allow filibustering. Despite the reconciliation rules, Texas state filibusters are more superior compared to their counterparts from the US senate. In fact, Texas filibusters have often threatened or challenged even the most obvious and bills such as the budget bill. In most situations, the senate is susceptible to serial cloture especially when there is a contradiction between their own version of a bill and that passed by the house. In such situations, the majority can request the unanimous to consent to their own version of the debate. However if they happen to shoot down the proposal, each of the motion is debatable subject to the filibuster’s directions. This aspect is common with the Texas senate but not applicable in the US state senate. The main factor that prevents its applicability is the extent of numerous bills that go through the hands of the US legislators. Unlike the Texas senate, the US senate handles a variety of bills and therefore they have to balance the different causes of filibustering. In conclusion filibustering is a common practice in both the United States senate and Texas senate. The practice has received both negative and positive criticism due to its ability to influence or shoot down bills. The practice has also been critical in influencing the house floors business. Both the Texas and us senate filibustering share some common factors despite some common disparities. Reference Binder, S. (2010). The History of the Filibuster. New York: Brookings. Read More