Senate filibusters, unanimous consent and cloture

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Senate filibusters, unanimous consent and cloture발음듣기

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[Instructor] What we are going to do in this video is discuss the United States Senate.발음듣기

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We're gonna focus not only on areas where the Senate has special influence where the House of Representatives does not.발음듣기

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But we'll also focus on how the Senate actually conducts business.발음듣기

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And as we'll see the processes and the rules that the Senate uses makes it more difficult for a simple majority to do what they want.발음듣기

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So in terms of special influence only the Senate, not the House of Representatives is involved in ratifying treaties.발음듣기

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So the executive, the president, they can negotiate a treaty but it does not become effective, binding from a United States point of view until it is ratified by the United States Senate.발음듣기

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And it has to be ratified by a 2/3 supermajority.발음듣기

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And this is one of the reasons why it is viewed that the Senate has more influence on foreign relations than the House of Representatives.발음듣기

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The other area that the Senate is involved is in confirming appointments.발음듣기

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These could be appointments to the president's cabinet.발음듣기

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These could also be judiciary appointments.발음듣기

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It could be to lower federal courts or to the United States Supreme Court.발음듣기

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The House of Representatives once again is not involved.발음듣기

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But to appreciate just how things go through the Senate whether we're talking about appointments.발음듣기

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Or even if we're talking about general legislation let's remind ourselves the overall process.발음듣기

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So let's just say that this is a piece of legislation right over here.발음듣기

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It could have been drafted by a staffer for a senator, maybe with help from some constituents or from some special interest groups maybe some lobbyists.발음듣기

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And it will be introduced to an appropriate committee by a senator or by a group of senators.발음듣기

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For example if this legislation is about the armed services, it would go to the Armed Services Committee.발음듣기

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Now the committee could decide to have some hearings around the legislation.발음듣기

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Maybe they bring in the Secretary of Defense maybe they bring in some military leaders and ask them questions about their views about whether the legislation is a good idea or not or they just want general context.발음듣기

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Then they might also have some debate.발음듣기

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And then they might decide to vote on that legislation.발음듣기

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And if that vote passes if they get a majority in that committee then it will go to the Senate Floor.발음듣기

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Now before we even talk about what happens on the floor of the Senate because that's where things get really interesting it's important to point out that even within committee the leadership has a lot of influence.발음듣기

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And the leadership is generally controlled by the majority party.발음듣기

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Because the leadership might decide that hey you know what they're not interested in this bill.발음듣기

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So instead of going through this process here they might just decide to table the bill which kind of just puts it into a limbo.발음듣기

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But let's talk about the reality where it does get voted on it does get a majority, and it goes to the Senate floor.발음듣기

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Now what's going to happen next in the Senate floor is a debate over that bill and I'm writing debate in caps because the Senate is famous for its debates.발음듣기

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And the whole idea of ending a debate so that you can vote is critical inside of the Senate.발음듣기

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In order to end a debate you need something called unanimous consent unanimous consent which is exactly what it sounds like.발음듣기

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It has to be unanimous.발음듣기

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All of the senators, all 100, have to agree have to consent to ending the debate so that you can get to a vote.발음듣기

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And once you get to the vote if we're talking about a general piece of legislation if we're talking about an appointment then you just need a simple majority.발음듣기

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So you just need 51 votes to pass.발음듣기

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Now some of you might be saying wait hold on a second.발음듣기

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I've always heard that in the Senate in order to do anything, you need a supermajority.발음듣기

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You might've heard the 60 vote number.발음듣기

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The reason why you hear that is because many times the folks who do not wanna have a vote especially if they think that the vote is going to go against them they will decide to not consent to having a vote.발음듣기

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And when you don't consent to having a vote that is known as a hold.발음듣기

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And so that one senator or it could be a group of senators that say hey I'm not giving my consent to go to a vote.발음듣기

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I want to keep debating on it.발음듣기

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They are placing a hold.발음듣기

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And this protracted debate is often known as a filibuster which is a every strange word.발음듣기

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It was originally in reference to pirates but it came to mean folks who were trying to hold up the legislation process.발음듣기

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And it's become a mechanism by which the folks who don't want the vote, who might be against the bill who might be in the minority they might not have enough votes to defeat the bill might still try to hold things up.발음듣기

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Now the reason why you heard about 60 votes is because generally speaking that is how you stop a filibuster.발음듣기

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If you wanna stop a filibuster you need to do something called cloture or another way of thinking about it is closure of the debate so that you can get to a vote.발음듣기

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And the reason why you hear 60 votes is for general legislation you need 60 votes in order to have cloture.발음듣기

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So even though you only need 51 votes for the legislation to pass once you vote on it to even get to that point you need 60 votes.발음듣기

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And this is why you hear that for legislation to actually get through the Senate you need 60 votes.발음듣기

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Now there is an exception to this and that exception is around appointments.발음듣기

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Prior to 2013, in order to have cloture for an appointment you also needed 60 votes.발음듣기

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But in 2013 it was decided that for non-Supreme Court appointments you only needed 51 votes for cloture.발음듣기

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And then in 2017 this was extended also to Supreme Court appointments.발음듣기

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And so now for appointments you only need 51 votes for cloture to end a filibuster and so and of course you only need 51 votes for the confirmation.발음듣기

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So functionally you just need a simple majority now in the Senate for confirmations.발음듣기

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But legislation you need 60 votes and of course for things like treaties you need a 2/3 supermajority.발음듣기

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To convict someone in an impeachment, say the president you need a 2/3 supermajority.발음듣기

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And like the House if we're talking about overriding a presidential veto or amending the Constitution you need a 2/3 majority.발음듣기

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Now what I've just talked about it isn't extensive, it isn't exhaustive of all of the processes in the Senate but hopefully it gives you appreciation of one, areas where the Senate has special influence.발음듣기

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And also how the rules and processes of the Senate can be leveraged by either the majority parties or minority parties in order to get things done.발음듣기

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And how in the Senate because of things like unanimous consent, it is harder for a simple majority to do whatever they want.발음듣기

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