General Discussion
In reply to the discussion: It is amazing to me that no one is mentioning that McConnell has removed the 60 vote requirement [View all]rgbecker
(4,889 posts)The 60-vote rule
See also: Filibuster in the United States Senate
Beginning with a rules change in 1806, the Senate has traditionally not restricted the total time allowed for debate. In 1917, Rule XXII was amended to allow for ending debate (invoking "cloture"
with a two-thirds majority, later reduced in 1975 to three-fifths of all senators "duly chosen and sworn" (usually 60).[4] Thus, although a bill might have majority support, a minority of 41 or more senators can still prevent a final vote through endless debate, effectively defeating the bill. This tactic is known as a filibuster.
Since the 1970s, the Senate has also used a "two-track" procedure whereby Senate business may continue on other topics while one item is filibustered. Since filibusters no longer required the minority to actually hold the floor and bring all other business to a halt, the mere threat of a filibuster has gradually become normalized. In the modern Senate, this means that any controversial item now typically requires 60 votes to advance, unless a specific exception limiting the time for debate applies.
Changing Rule XXII to eliminate the 60-vote rule is made difficult by the rules themselves. Rule XXII sec. 2 states that to end debate on any proposal "to amend the Senate rules...the necessary affirmative vote shall be two-thirds of the Senators present and voting." This is typically 67 senators assuming all are voting. Meanwhile, Rule V sec. 2 states that "[t]he rules of the Senate shall continue from one Congress to the next Congress unless they are changed as provided in these rules."[4] Effectively, these provisions mean that the general 60-vote cloture rule in Rule XXII can never be modified without the approval of 67 senators.