Gavin Howe
The US Senate can pass laws with a simple majority in most cases. However, there are certain instances where a two-thirds majority is required, such as expelling a senator, overriding a presidential veto, or proposing a constitutional amendment. The Senate's rules provide no way for a simple numerical majority to impose a debate limit and move to a final vote, allowing senators to wage a filibuster to delay or prevent a final vote. In 1917, the Senate passed Rule XXII, or the cloture rule, which allowed a two-thirds majority to break a filibuster, later reduced to 60 votes. This effectively became the minimum number of votes needed to pass a law.
| Characteristics | Values |
|---|---|
| When a simple majority is required | In most cases |
| When a two-thirds majority is required | To expel a senator, override a presidential veto, propose a constitutional amendment for ratification by the states, convict an impeached official, consent to ratification of a treaty, or invoke cloture |
| When a three-fifths majority is required | To end debate on a piece of legislation |
| When a simple majority is sufficient but a higher majority is usually required | When invoking cloture on a measure that would amend the Senate's rules |
| When a simple majority is not required | When passing simple resolutions, which address matters within the prerogative of one house |
| When a simple majority is not sufficient | When passing concurrent resolutions, which must be passed in the same form by both houses |
| When a simple majority is prevented from passing legislation | When a filibuster is used by a minority group of senators to block civil rights legislation or other legislation with broad public support |
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The filibuster
In the US Senate, a filibuster is a procedural tactic used to delay or prevent a final vote on a bill, amendment, or motion. Senators or a group of senators can use this tactic by insisting on extended debate, effectively stalling the legislative process. While Senate rules provide for a simple majority to pass most measures, the absence of a mechanism to impose a debate limit allows for the filibuster to take place.
While there have been efforts to exempt certain types of legislation from the filibuster, such as presidential appointments, these changes have been rare and often controversial. The filibuster remains a powerful tool for senators to influence the legislative process and shape policy outcomes in the US Senate. However, its presence also contributes to the complexity and potential stagnation of Congress, affecting the passage of bills with broad public support.
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Cloture rules
The cloture rule, also known as Senate Rule XXII, allows a supermajority to limit debate on a bill, amendment, or motion. It was adopted on March 8, 1917, during a special session of the 65th Congress, to preserve the Senate's tradition of unlimited debate.
Under the cloture rule, supporters of a bill can file a cloture motion, signed by at least 16 senators. Two days later, senators vote on the motion. If three-fifths (usually 60 senators) agree, further consideration of the bill is limited to 30 hours, during which only amendments from a pre-specified list of germane ones can be offered. After this final period of consideration, the Senate takes a final vote on the bill, which requires only a simple majority for approval.
Because a cloture process is often required to end debate on a bill, the bill must first gain the support of a three-fifths supermajority. This can make it difficult to reach a final vote, as senators can threaten to wage a filibuster, delaying or preventing a final vote. However, the Senate can also act through unanimous consent agreements, which are structured plans for limiting debate and amending that can be tailored to each bill.
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Types of legislation
The US Senate has various rules and procedures in place to govern the passage of legislation. While most measures require a simple majority for passage, certain exceptions call for a two-thirds majority or a three-fifths majority (usually 60 senators). The Senate's rules provide no mechanism for a simple numerical majority to impose a debate limit and move to a final vote, allowing senators to employ the filibuster—an attempt to delay or block a vote—as a tactic to prevent the passage of legislation.
To address this, the Senate introduced Rule XXII, often called the cloture rule, which allows a supermajority to limit debate and the number of amendments to a bill. A cloture motion must be signed by at least 16 senators and, if successful, limits further consideration of the bill to 30 hours before a final vote, which requires only a simple majority.
The types of legislation in the Senate include:
- Bills: The majority of legislative proposals are in the form of bills, which can address domestic and foreign issues, allocate funding to government agencies, and pertain to the general public or specific individuals and organisations.
- Joint Resolutions: These are used to address specific issues or make temporary changes to existing laws.
- Concurrent Resolutions: Designated as H.Con.Res. or S.Con.Res., these must be passed in identical form by both houses but do not require the president's signature or carry the force of law. They are used to make or amend rules applying to both houses, express sentiments, and set the congressional budget resolution.
- Simple Resolutions: Designated as H.Res. or S.Res., these address matters within the purview of a single house, such as revising standing rules or expressing condolences. They do not require approval from the other house or the president's signature and lack the force of law.
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Quorum of senators
A quorum is the minimum number of members of a body that must be present at a meeting to make it valid. In the US Senate, a quorum is typically 51 senators, a simple majority. If one-fifth of a quorum of senators request it, the Senate will take a roll-call vote, in which each senator votes "yea" or "nay" as their name is called by the clerk, who records the votes on a tally sheet. The Senate also conducts voice votes, in which the presiding officer states the question, and the senators respond in unison. In a voice vote, the names of the senators and the tally of votes are not recorded.
The Senate's defining feature is the potential difficulty of reaching a final vote on a matter. Senate rules provide no way for a simple numerical majority to cut off or impose a debate limit and move to a final vote. Senators can therefore wage a filibuster, which is when they insist on extended debate to delay or prevent a final vote on most amendments, bills, or other motions.
Senate Rule XXII, often called the cloture rule, allows a supermajority of three-fifths (60 senators) to limit debate on a bill, amendment, or motion. After this final period of consideration, the Senate will take a final vote on the bill, which requires only a simple majority for approval. However, because a cloture process is often required to end debate on a bill, the bill must first gain the support of a three-fifths supermajority.
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Amendments
Senate rules provide no mechanism for a simple numerical majority to impose a debate limit and move to a final vote on an amendment. This means that senators can use the filibuster to delay or prevent a final vote on most amendments. A filibuster is a procedural tactic where a senator or group of senators extends the debate on a piece of legislation to delay or prevent a vote. The cloture rule (Senate Rule XXII) allows a supermajority of three-fifths (usually 60 senators) to limit debate on an amendment and the amendments that can be offered. After the cloture process, the Senate takes a final vote on the amendment, which only requires a simple majority for approval.
In the context of the Senate, amendments can refer to changes made to the Senate's own rules or to a joint resolution or concurrent resolution. Simple resolutions are used to address matters within one house, such as revising the rules of that house, and do not require approval from the other house or the president. Concurrent resolutions must be passed in the same form by both houses but also do not require presidential approval or have the force of law. They are used to make or amend rules that apply to both houses.
The process of amending a bill typically involves introducing the bill to the appropriate committee, where it is discussed, amended, and voted on. If a majority of the committee votes in favor, the bill moves to the Senate floor for debate, where senators can propose additional amendments. Once the debate ends, the bill is voted on, requiring a simple majority to pass. However, due to the filibuster, a de facto supermajority of 60 votes is often needed to cut off debate and bring the bill to a final vote.
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Frequently asked questions
In most cases, a simple majority is required for a measure to pass in the Senate. However, there are some instances where a two-thirds majority is required, including expelling a senator, overriding a presidential veto, and proposing a constitutional amendment.
A filibuster is a procedural tactic used by a minority group of senators to delay or block a vote on legislation. By extending the debate, senators can prevent a final vote on most amendments, bills, or other motions. While a simple majority of 51 votes is required to pass a bill, 60 votes are needed to cut off debate and bring it to a vote. This has led to the notion that a 60-vote supermajority is the de facto minimum for passing legislation in the Senate.
Yes, there have been notable exceptions to the filibuster rule. In 2013, Democrats changed the Senate rules to allow for the confirmation of executive branch positions, including the cabinet, and non-Supreme Court judicial nominees with a simple majority. Senate Republicans expanded this change to include Supreme Court appointments in 2017. These changes were made through the "nuclear option," which overrides existing rules to overcome minority obstruction.
The Senate deals with various types of legislation, including joint resolutions, concurrent resolutions, and simple resolutions. Bills are the most common form, addressing domestic and foreign issues, appropriating funds, and impacting the general public or specific individuals and organizations. Simple resolutions, on the other hand, address matters within a single house, such as revising rules or expressing sentiments, and do not carry the force of law. Concurrent resolutions are passed by both houses and are used for matters like setting the time of Congress' adjournment or conveying congratulations.
