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Topic: Cloture rule


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In the News (Sun 27 Dec 09)

  
  Cloture - Wikipedia, the free encyclopedia
In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process aimed at bringing debate to a quick end.
On the second calendar day during which the Senate sits after the presentation of the petition, after the Senate has been sitting for one hour, a "quorum call" is undertaken to ensure that a majority of the Senators are present.
The Senate votes on the petition; three-fifths of the whole number of Senators (sixty with no vacancies) is the required majority; however, when cloture is invoked on a question of changing the rules of the Senate, two-thirds of the Senators voting (not necessarily two-thirds of all Senators) is the requisite majority.
en.wikipedia.org /wiki/Cloture_rule   (611 words)

  
 Filibuster - Wikipedia, the free encyclopedia
Under Senate rules, the speech need not be relevant to the topic under discussion, and there have been cases in which a senator has undertaken part of a speech by reading from a telephone directory.
In 1917 a rule allowing for the cloture of debate (ending a filibuster) was adopted by the Democrat-controlled Senate [3] at the urging of President Woodrow Wilson[4].
On April 4, exhausted and often sleepy government members inadvertently let one of the NDP amendments pass, and the handful of residents of Cafon Court in Etobicoke were granted the right to a public consultation on the bill (the government subsequently nullified this with an amendment of their own).
en.wikipedia.org /wiki/Filibuster   (2610 words)

  
 Joint Rules
Joint Rules may be amended by a majority vote in each chamber on or before the 3rd Friday in January of the first regular session.
The rules of procedure in committee are the same as the rules of the Senate and the House of Representatives to the extent applicable.
Notwithstanding Joint Rule 351, the committee consists of 5 Senators, appointed by the President of the Senate, and 5 members of the House of Representatives, appointed by the Speaker of the House.
www.state.me.us /legis/senate/Documents/rules/joint/JointRule.htm   (6829 words)

  
 TheCapitol.Net > Glossary > C
To end a filibuster, the cloture motion must obtain the votes of three-fifths of the entire Senate membership (60 if there are no vacancies), except when the filibuster is against a proposal to amend the standing rules of the Senate and a two-thirds vote of senators present and voting is required.
For example, the rules of each standing committee may be published as a committee print, and drafts of bills or committee reports may be produced as committee prints.
Rules prohibit members of both houses from changing their votes after the result has been taken, a member may announce that he/she was "incorrectly recorded." In the Senate, a request to change one’s vote almost always receives unanimous consent.
www.thecapitol.net /glossary/c.htm   (2707 words)

  
 The Judicial Confirmation Network
The percentage of cloture votes used for judicial nominations jumped a whopping 900 percent during President Bush's first term from the previous 25 years since adoption of the current cloture rule.
The only remedy is that the rules of the Senate shall be altered." Leadership turned gridlock into reform, and that year the Senate adopted Rule 22, by which 2/3 of Senators present and voting could invoke cloture, or end debate, on a pending measure.
Rulings by vice presidents of both parties, sitting as the President of the Senate, confirm that each Senate may make that decision for itself, either implicitly by acquiescence or explicitly by amendment.
judicialnetwork.com /contents/readingroom/011205.shtml   (2275 words)

  
 Cloture - Search Results - MSN Encarta
Cloture, in parliamentary practice, rule of procedure for bringing a protracted debate to a close.
In Britain a rule of closure was first adopted by...
Filibuster : cloture, a rule to close debate
ca.encarta.msn.com /Cloture.html   (112 words)

  
 The Claremont Institute: The Remedy
Under existing cloture rules, the filibuster of a nomination is the last word and it is fatal.
Already, we have had six cloture votes on the nomination of Miguel Estrada to the D.C. Circuit Court of Appeals, two cloture votes on the nomination of Priscilla Owen to the Fifth Circuit Court of Appeals, and threats from the minority of additional filibusters on other nominees.
The initial cloture rule of 1917 was a reaction to cumulative and growing consternation over years of uncontrolled filibusters.
www.claremont.org /weblog/000276.html   (2826 words)

  
 CongressLink: [Congress: The Basics - Institution] Resources: Senate Rules
Cloture requires the support of three-fifths of the Senators duly chosen and sworn, or a minimum of 60 votes (unless the matter being considered changes the standing rules, in which case cloture requires a vote of two-thirds of the Senators present and voting).
Senators generally view this use of Rule XIV as a last resort, both because it undermines the committee system as a whole and because they do not wish to encourage a practice that can be used against their own committees.
Under the standing rules, Senators may debate the bill, each amendment, and a variety of other questions for as long as they want; under the time agreement, only two Senators have the right to speak on each question, and their time is severely limited.
www.congresslink.org /print_basics_senaterules.htm   (6523 words)

  
 CQ Press In Context : Future of the Supreme Court
The framers of this first cloture rule predicted it would be little used, and for years that was the case.
Senate rules had always continued from one Congress to the next on the assumption that the Senate was a continuing body because only one-third of its members were elected every two years.
The new version permitted cloture to be invoked by two-thirds of those present and voting, as the original cloture rule adopted in 1917 had, and it also applied to proposals for changes in the rules.
www.cqpress.com /incontext/SupremeCourt/filibuster.htm   (2387 words)

  
 PatriotPostBlog.US
The Cloture rule was intendend to ensure debate and dissent on issues considered to have an undisputed majority backing.
A filibuster is a cynical and deliberate abuse of this rule to prevent a vote from occurring.
Rule 22, the "Cloture Rule" was first adopted by the Senate in 1917 allowing the Senate to close "endless debates" (or filibustering) by a 2/3 majority vote.
patriotpostblog.us /c/articles/c/47/c/0/c/0/c/1/c/0/c/0/yarn.html   (1009 words)

  
 Senate Floor Procedures -- Establishment of the Cloture Rule   (Site not responding. Last check: 2007-10-31)
Instead, when the Senate finally adopted a cloture rule in 1917, it provided not that a simple majority could immediately terminate consideration, but only that a super-majority of two-thirds could limit each Senator to one hour of debate.
If a cloture attempt failed, supporters would normally desist from pressing the measure; if it succeeded, however, opponents would normally desist from their filibuster.
The 1917 cloture rule applied only to debate on measures, and not to debate on the motion to proceed (still fully debatable).
www.rules.house.gov /archives/jcoc2n.htm   (424 words)

  
 Concerned Women for America - Frist Proposes Rule Change on Filibusters
That is, the filibuster has become a method not for slowing the exercise of majority rule, but for abolishing it altogether.
On motions to invoke cloture on judicial nominations, these 10 senators who had supported the Harkin/Lieberman proposal have voted for cloture, on average, less than 40 percent of the time.
It is true that voting against cloture does not necessarily mean support of an improper permanent filibuster.
www.cwfa.org /articledisplay.asp?id=3952   (668 words)

  
 FindLaw's Writ - Amar: With a Potential Supreme Court Nomination At Stake, Questions of The Filibuster's ...
In short, some suggest, ordinary majority rule is the Constitution's baseline, and the Constitution is careful and explicit in detailing the situations in which supermajorities are required.
Remember, when a filibuster is ongoing, the cloture rule technically requires a supermajority to end debate - a procedural occurrence - not a supermajority to enact the legislation or approve the nomination in question.
Rule XXII by its terms provides that any motion to amend the Senate Rules requires the agreement of two thirds present and voting.
writ.news.findlaw.com /amar/20030613.html   (1577 words)

  
 [No title]
To assume that all uses of the right of unlimited debate are evil or ought to be restrained under a new cloture rule ignores the legitimate and important protection the rule now provides to all Senators, all minorities, and all regions of the country.
In 1971, rule XXII of the Standing Rules of the Senate required the affirmative vote of two-thirds of those Senators present in order for cloture to be invoked.
Since a cloture petition requires the support of only 16 Senators, a minority could force the series of cloture votes proposed without demonstrating majority support until the threshold is lowered to 51 votes.
www.geocities.com /therightwing06/pdf/s14debate.doc   (11425 words)

  
 Filibuster
One side says the filibuster has been in the rules since America was born, and that removing it would put us on the fast track toward fascism.
By the early 1800's, the rule was being used with long, irrelevant speeches intended not to continue debate but to prevent a vote.
The House and Senate rules are not enumerated in the Constitution.
gregl.net /filibuster/filibuster.htm   (956 words)

  
 Search: cloture - FOX News   (Site not responding. Last check: 2007-10-31)
Cloture is the formal procedure used to end a filibuster.
Alito's nomination must garner 60 votes to invoke cloture, or end debate and move the nomination to a...
cloture petition on this month-long filibuster of the Miguel Estrada Nomination is not the end of...
search.foxnews.com /_1_CR9TME03HR3C6__info.foxnws/search/web/cloture   (902 words)

  
 U.S. Senate: Art & History Home > Historical Minutes > 1878-1920 > Cloture Rule
Calling the situation unparalleled, he stormed that the “Senate of the United States is the only legislative body in the world which cannot act when its majority is ready for action.
On March 8, 1917, in a specially called session of the 65th Congress, the Senate agreed to a rule that essentially preserved its tradition of unlimited debate.
The rule required a two-thirds majority to end debate and permitted each member to speak for an additional hour after that before voting on final passage.
www.senate.gov /artandhistory/history/minute/Cloture_Rule.htm   (430 words)

  
 United Families International
The current Senate rules require 60 votes to invoke cloture to end a filibuster, and allows the Senate to vote on a measure.
Republican leadership is considering changing the cloture rule for judicial nominations only from requiring 60 votes to requiring only a simple majority of 51 votes.
If the Republican leadership cannot change the cloture rule, then people of faith will effectively be discriminated against and banned from consideration for high levels of the judiciary in the United States.
www.unitedfamilies.org /Slater_Litmus.asp   (984 words)

  
 John C. Eastman on Judicial Nominations & Filibuster on National Review Online   (Site not responding. Last check: 2007-10-31)
During the 1950s, there were several attempts to reduce the number necessary to invoke cloture from 2/3 to a simply majority, and several others to provide a two-tiered cloture rule, whereby a 2/3 vote was required initially but a simply majority vote would suffice after a reasonable period for debate, between 12 and 15 days.
Additional amendments were proposed during the 1960s until, in 1975, the cloture rule was amended to allow cloture by a vote of 3/5 of the Senate (today's 60-vote requirement).
Finally, in 1995, Sen. Harkin proposed to establish a declining vote requirement for cloture, so that by the 4th cloture vote, a simple majority of the Senate would suffice to end debate and allow the Senate to proceed to a vote on the merits of the matter at hand.
www.nationalreview.com /comment/comment-eastman051503.asp   (578 words)

  
 U.S. Senate: Reference Home > Virtual Reference Desk > Cloture
The cloture rule–Rule 22–is the only formal procedure that Senate rules provide for breaking a filibuster.
Under cloture, the Senate may limit consideration of a pending matter to 30 additional hours of debate.
These tables provide information on when a cloture motion was filed and the outcome of the motion.
www.senate.gov /reference/reference_index_subjects/Cloture_vrd.htm   (131 words)

  
 The Nuclear Option
Back then, in 1975, it was a bare Democratic majority that mustered the will to force a change in Rule XXII, the "cloture rule," decreasing the number of votes required to break a filibuster from two-thirds of the Senate, or 67 votes, to the current level of three-fifths of the body, or 60 votes.
Thus, Rule XXII presents a majoritarian conundrum: Not only do the anti-majoritarian rules enacted by a simple majority of a previous Senate bind the current Senate, but a current majority cannot even change those previously adopted rules without the consent of a supermajority.
On the practical front, the constitutional rule against legislative entrenchment means that it must be possible for the current Senate to amend, repeal, or ratify Standing Rule XXII by a simple majority vote of the body.
cfif.org /htdocs/freedomline/current/in_our_opinion/nuclear_option.htm   (1057 words)

  
 [No title]
Unlike these earlier proposals, mine would not allow a cloture motion to be filed until a nomination had been pending before the Senate for at least 12 hours.
This is contrary to the present operation of rule XXII which permits multiple cloture motions to be advanced without waiting for the outcome of the cloture motion previously filed.
``No need to change the rules,'' said the Senator, ``because a leader could avoid such filibuster by offering nondebatable motions in the morning hour.'' The Senator did not argue the absence of a problem but, rather, the presence of an alternative solution, a safety valve so further limiting of debate was not required.
www.bannerofliberty.com /BOL-03HL/5-9-2003.1.html   (1603 words)

  
 Boffoblog: Bluster About the Filibuster III
However, the cloture rule for amending the rules is not 3/5ths of all Senators but 2/3rds.
That is, the last time the cloture rule was amended, lowering the threshold from 2/3rds to 3/5ths, the higher threshold was retained for amending the chamber's rules, including the cloture rule itself.
If you think about it you'd like the rule: Requiring a supermajority to override the President of the Senate would, in effect, make him the dictator of the Senate and I guarantee you that Cheney would take the gavel a lot if he were given that much power over the Senate.
boffo.typepad.com /boffoblog/2005/01/bluster_about_t_2.html   (1484 words)

  
 The Judicial Confirmation Network
Opposition to cloture on the controversial 1968 nomination of Abe Fortas to be Chief Justice was evenly bipartisan and showed that the nominee lacked clear majority support.
That rule, by the way, was born in 1917, after a filibuster of legislation.
It was pursuant to that authority that the Senate dropped the previous question rule in 1806, adopted a cloture rule in 1917, and amended that rule several times since.
judicialnetwork.com /contents/readingroom/031005_b.shtml   (3352 words)

  
 Maine Legislature: Joint Rules: Part 2
The titles and sponsors’ names of requests for bills and resolves submitted by legislators or by departments, agencies or commissions are considered public information upon filing.
The legislator, department, agency or commission may direct that the title of a particular bill or resolve remain confidential until cloture.
A list of titles and sponsors must be published as soon as practicable after cloture.
janus.state.me.us /house/jt_rules/jtr_2.htm   (1636 words)

  
 FindLaw's Writ - Amar: Can the Senate Bind Itself So that Only a Supermajority Can Change Its Rules?
Sixty so-called "cloture" votes are needed to end a minority filibuster and bring a nomination to a final vote on the Senate floor.
According to this argument, a rule about how many votes are needed to end debate is a "rule of [the Senate's] proceedings." As a result, the cloture vote is perfectly constitutional.
That rule is Article V of the Constitution - which, as you may remember, requires Constitutional Amendments to be ratified by three-quarters of the states (or 38 out of 50).
writ.news.findlaw.com /amar/20030627.html   (2223 words)

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