Filibusters in the Senate

One of the differences between the Alabama Senate and House are in the Rules regarding debate and the ending of debate.  The Senate is regarded as a more deliberative body and allows unlimited debate.  Senate Rule 39 provides:  ”No member shall speak more than twice on any question under debate and none shall, without leave of the Senate, speak for more than one hour at each time on motions for the adoption of an amendment to a bill or substitute, a substitute to a bill, the bill itself, motions to concur or nonconcur, or motions to adopt a resolution to confirm an appointment.”  This means that each Senator can talk for up to 2 hours on any bill, or amendment, before the body.  Currently, Senate Bill 121 (the Democrats’ Highway Jobs Bill) is up for debate.  There is one committee amendment pending.  This means that all 14 Republican Senators can talk for 2 hours each on both the committee amendment and the the bill for a total of 56 hours.  Any Senator can also offer as many amendments as he or she desires as long as there are no more than two before the Senate at any one time.  This guarantees that as few as 2 crafty Senators can effectively shut the Senate down for the entire session ensuring that nothing passes.

The only way to break a filibuster is for a supermajority (three-fifths or 21) of Senators to vote to end debate by voting “cloture.”   Cloture is defined as the ending of debate.  Senate Rule 20 provides that there are 2 ways to end the debate.  The first way is for the Rules Committee to “report a special rule that debate on any measure shall cease at a certain hour and a vote be taken on the measure.”  If three-fifths (21) of the Senators vote to adopt the special rule (it only takes 18 on budgets, appropriations and reapportionment plans), then the filibuster is over and the vote is taken.  The second way for cloture is through a petition signed by 21 or more Senators that debate end on a matter.

Senate Rules can be found online at:  http://www.legislature.state.al.us/senate/senaterules/senaterulesindex.html.

***Senator Zeb Little is an Attorney from Cullman, Alabama.  To find more information about Senator Zeb Litte please go to:  www.ZebLittle.com.