Proposals to Amend the Senate Cloture Rule (CRS Report for Congress)
Premium Purchase PDF for $24.95 (16 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Revised Feb. 17, 2005 |
| Report Number |
RL32149 |
| Report Type |
Report |
| Authors |
Christopher M. Davis and Betsy Palmer, Government and Finance Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
-
Premium Nov. 14, 2003 (15 pages, $24.95)
add
|
Summary:
Paragraph 2 of Senate Rule XXII, also known as the "cloture rule," was adopted in 1917. It established a procedure, amended several times over the intervening years, by which the Senate may limit debate and act on a pending measure or matter. Aside from unanimous consent agreements, cloture is the only way the Senate can limit debate.
Recently, concern by some Senators over an inability to halt consideration and obtain a confirmation vote on several pending judicial nominations has led to a renewed interest in amending the Senate cloture rule. One option, called the "nuclear option" by some and the "constitutional" option by others, would seek to use a ruling by the presiding officer or a majority vote of the chamber to end debate outside of the terms of Rule XXII. It is possible that this option may be attempted in the 109th Congress.
Several measures were introduced in the 108th Congress to amend the cloture rule. S.Res. 138, which was introduced by Senate Majority Leader Bill Frist would have established a diminishing threshold for invoking cloture on presidential nominations that were subject to Senate approval. S.Res. 85, which was introduced by Senator Zell Miller, would have applied the same idea to all Senate business, with the exception of amendments to the Senate's standing rules. A third proposal, S.Res. 249, also authored by Senator Miller, called for the elimination of the cloture rule altogether.
This report provides a brief history of the Senate cloture rule, outlines past and present proposals to amend it, and presents arguments both in support of, and in opposition to, the Senate's tradition of unlimited debate.
This report will be updated as events warrant.
