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Essay / The filibuster: tyranny of the minority? - 1852
The Filibuster: The Tyranny of the MinorityThe filibuster continues to be a controversial issue in the United States Senate. Critics of the rule say it has corrupted and even broken the institution, while supporters say the rule is a savior for the minority against unpopular laws instituted by the majority. Throughout history, the filibuster has shown its potentially dangerous side as well as its positive benefits. After any major party change in the Senate, it seems the new majority is still talking about filibuster reform. Although debates over reform persist, the rules and procedures regarding the filibuster have yet to be significantly changed since 1975, when the cloture rule was last changed. The debate has been reignited recently with the increased level of obstructionism from the Republican minority in the US Senate. In this review, the evolution of filibuster rules and procedures will be discussed. Finally, an argument for filibuster reform will be provided by refuting key points made by proponents of the rule. History of the Filibuster and the Closure Rules The real history of the filibuster began in 1789 when Rule IX was established as follows: "whether the question shall now be put to a vote." Some have argued that this initial rule was the first case of cloture in the Senate. In 1806, the previous motion of questions, as it was called, was eliminated, exposing the Senate to possible filibusters since no rules existed that could effectively end debate. Despite the elimination of Rule IX, there was no true filibuster in the U.S. Senate until the 1830s (Wawro and Schickler, 2006, p. 14). The filibuster was not a major problem in the Senate until the 1840s. The first major incident occurred in the middle of the newspaper's editorial office. It seems to be a never-ending cycle, each session the majority calls for reforms but backs down because they fear the filibuster will be necessary once they return to the minority. ReferencesBinder, Sarah A. and Mann, Thomas E (1995). Killing the dinosaur: The case for reforming the Senate filibuster. The Brookings Review, 13 (3), pp. 42-46. Frenzel, Bill. (1995). Defending the dinosaur: arguments for not remedying the filibuster. The Brookings Review, 13 (3), pp. 47-49. Gold, Martin B. (2008). Senate Procedure and Practice (2nd ed.). New York: Rowman & Littlefield Publishers, Inc. Resolution to amend rule XXII of the Standing Rules of the Senate, S. Res. 4, 94th Cong., (1975). Wawro, Gregory J. and Schickler, Eric. (2006). Filibuster: obstruction and legislation in the US Senate. Princeton: Princeton University Press.