Filibuster

Last updated
United States Senator Warren R. Austin speaking during an all-night filibuster Warren R. Austin filibustering.jpg
United States Senator Warren R. Austin speaking during an all-night filibuster

A filibuster is a political procedure where one or more members of parliament or congress debate over a proposed piece of legislation to delay or entirely prevent a decision being made on the proposal. It is sometimes referred to as "talking a bill to death" or "talking out a bill" [1] and is characterized as a form of obstruction in a legislature or other decision-making body.

Contents

This form of political obstruction reaches as far back as Ancient Roman times and could also be referred to synonymously with political stonewalling. Due to the often extreme length of time required for a successful filibuster, many speakers stray off-topic after exhausting the original subject matter. Past speakers have read through laws from different states, recited speeches, and even read from cookbooks and phone books. [2]

Etymology

The ultimate source for filibuster is certainly Dutch vribuyter or vrijbueter (now vrijbuiter ) 'robber', 'pirate', 'plunderer', from vribuyt 'plunder' (16th c.), from vrij 'free' + buyt 'booty', 'loot'. [3] [4] However, the intermediate history is complicated, because several languages have influenced each other reciprocally. [5] Intermediate links may be English freebooter (1598), [6] a loan translation of the Dutch equivalent, [7] and flibutor (1587): with dissimilation of the -r- into an -l-, typical for liquid consonants. [5] Dissimilation may have occurred in English, or first in a foreign language before it entered English. [8]

The commonly assumed metonymic relation that explains filibuster from Spanish filibote , [9] (from French flibot, from English flyboat, calqued from Dutch vlieboot 'coasting vessel', from vlie 'shallow river estuary' + boot 'boat') has no support either in form or in historical fact, [10] since the introduction of the -i- happen only after the introduction of the -s-, which intern happened only after the -r- to -l- dissimilation. However, pirates have used this vessel frequently, because of its shallow draught, that enabled them to swiftly navigate the seas and then escape to the shallower shores. Hence, it may have been possible that either flibot, flyboat or vlieboot, the name for the vessel, had a metonymical influence on the fr-fl dissimilation in freeboot, the pre-existing name for the user of such vessel. [11] [12]

In French, flibutier (1666) appeared, next to fribustier (1667) and flibustier (1666) with a hyper corrected -s- inserted. The -s- was originally not pronounced and was purely graphic. This was in 17th century French a common misunderstanding, that followed the analogy of words with -st- in which the original -s- was retained in spelling, though had become silent in pronunciation (such as Middle French maistre 'master', now maître). At the beginning of the 18th century, the -s- in flibustier ended up being pronounced, after the analogy of other words with -st- with pronounced -s- in French. [12]

The Spanish form filibustero (17th c.), can only be an accommodation of the French flibustier; now with the -i- inserted in the first syllable, to match Spanish phonology, and with the -s- pronounced. [10] Originally, it applied to French, Dutch, and English privateers and buccaneers infesting the Spanish American coasts, with whom Spain was constantly at war. However, it was later applied to the military expeditions of Narciso López in Cuba, who fomented a revolution, and liberated the island from Spanish rule. [13]

It designated the followers of American adventurer William Walker who, influenced by López, launched several filibustering campaigns in former Spanish colonies in Central America, and so the definition became specifically "an American engaged in fomenting insurrections in Latin America in the mid-19th century" (1851). Subsequently, the word entered American political slang with the meaning "to obstruct or delay legislation by dilatory motions or other artifices" (1861). [14] [15]

Ancient Rome

One of the first known practitioners of the filibuster was the Roman senator Cato the Younger. Cato would obstruct a measure by speaking continuously until nightfall. [16] As the Roman Senate had a rule requiring all business to conclude by dusk, Cato's long-winded speeches could forestall a vote.

Cato attempted to use the filibuster at least twice to frustrate the political objectives of Julius Caesar. [16] The first incident occurred during the summer of 60 BCE, when Caesar was returning home from his propraetorship in Hispania Ulterior. Caesar, by virtue of his military victories over the raiders and bandits in Hispania, had been awarded a triumph by the Senate. Having recently turned forty, Caesar had also become eligible to stand for consul. This posed a dilemma. Roman generals honored with a triumph were not allowed to enter the city prior to the ceremony, but candidates for the consulship were required, by law, to appear in person at the Forum. [16] The date of the election, which had already been set, made it impossible for Caesar to stand unless he crossed the pomerium and gave up the right to his triumph. Caesar petitioned the Senate to stand in absentia, but Cato employed a filibuster to block the proposal. Faced with a choice between a triumph and the consulship, Caesar chose the consulship and entered the city.

Cato made use of the filibuster again in 59 BCE in response to a land reform bill sponsored by Caesar, who was then consul. [16] When it was Cato's time to speak during the debate, he began one of his characteristically long-winded speeches. Caesar, who needed to pass the bill before his co-consul, Marcus Calpurnius Bibulus, took possession of the fasces at the end of the month, immediately recognized Cato's intent and ordered the lictors to jail him for the rest of the day. The move was unpopular with many senators and Caesar, realizing his mistake, soon ordered Cato's release. The day was wasted without the Senate ever getting to vote on a motion supporting the bill, but Caesar eventually circumvented Cato's opposition by taking the measure to the Tribal Assembly, where it passed.

Westminster-style parliaments

United Kingdom

In the Parliament of the United Kingdom, a bill defeated by a filibustering manoeuvre may be said to have been "talked out". The procedures of the House of Commons require that members cover only points germane to the topic under consideration or the debate underway whilst speaking. Example filibusters in the Commons and Lords include:

The all-time Commons record for non-stop speaking, six hours, was set by Henry Brougham in 1828, though this was not a filibuster. The 21st century record was set on December 2, 2005 by Andrew Dismore, Labour MP for Hendon. Dismore spoke for three hours and 17 minutes to block a Conservative Private Member's Bill, the Criminal Law (Amendment) (Protection of Property) Bill, which he claimed amounted to "vigilante law". [25] Although Dismore is credited with speaking for 197 minutes, he regularly accepted interventions from other MPs who wished to comment on points made in his speech. Taking multiple interventions artificially inflates the duration of a speech and thus may be used as a tactic to prolong a speech.

In local unitary authorities of England a motion may be carried into closure by filibustering. This results in any additional motions receiving less time for debate by Councillors instead forcing a vote by the Council under closure rules.[ citation needed ]

Northern Ireland

A notable filibuster took place in the Northern Ireland House of Commons in 1936 when Tommy Henderson (Independent Unionist MP for Shankill) spoke for nine and a half hours (ending just before 4 am) on the Appropriation Bill. As this Bill applied government spending to all departments, almost any topic was relevant to the debate, and Henderson used the opportunity to list all of his many criticisms of the Unionist government.

Australia

Since both houses of the Australian Parliament have strictly enforced rules on how long members may speak, filibusters are generally not possible, though this is not the case in some state Parliaments. [26] [27]

The Museum of Australian Democracy identifies the last filibuster at the federal level to be a 12-hour long speech (including interruptions) by Senator Albert Gardiner in 1918, in which he read the entire Commonwealth Electoral Act 1918, to which the Labor Party was opposed because it introduced preferential voting.

In response to this, Senate speeches were limited to 20 minutes the following year (there was already a limit on speeches in the House of Representatives). [28]

During the 2008 Parnell–Bressington filibuster, two Members of the South Australian Legislative Council spoke for 13 hours to filibuster "to stall changes to workers' compensation laws". [29]

In opposition, Tony Abbott's Liberal National coalition used suspension of standing orders in 2012 for the purposes of talking at length on political issues, most commonly during question time against the Labor government. [30] [31] However, the suspension of standing orders was not intended to delay or stop the passage of legislation, as with a traditional filibuster.

New Zealand

In August 2000, New Zealand opposition parties National and ACT delayed the voting for the Employment Relations Bill by voting slowly, and in some cases in Māori (which required translation into English). [32]

In 2009, several parties staged a filibuster of the Local Government (Auckland Reorganisation) Bill in opposition to the government setting up a new Auckland Council under urgency and without debate or review by select committee, by proposing thousands of wrecking amendments and voting in Māori as each amendment had to be voted on and votes in Māori translated into English. Amendments included renaming the council to "Auckland Katchafire Council" or "Rodney Hide Memorial Council" and replacing the phrase "powers of a regional council" with "power and muscle". [33] [34]

India

The Rajya Sabha (Council of states) – which is the upper house in the bicameral Parliament of India – allows for a debate to be brought to a close with a simple majority decision of the house, on a closure motion so introduced by any member. [35] On the other hand, the Lok Sabha (House of the people) – the lower house – leaves the closure of the debate to the discretion of the speaker, once a motion to end the debate is moved by a member. [36]

Ireland

In 2014, Irish Justice Minister Alan Shatter performed a filibuster; he was perceived to "drone on and on" and hence this was termed a "Drone Attack". [37]

Canada

Federal

A dramatic example of filibustering in the House of Commons of Canada took place between Thursday June 23, 2011 and Saturday June 25, 2011. In an attempt to prevent the passing of Bill C-6, which would have legislated the imposing of a four-year contract and pay conditions on the locked out Canada Post workers, the New Democratic Party (NDP) led a filibustering session which lasted for fifty-eight hours. The NDP argued that the legislation in its then form undermined collective bargaining. Specifically, the NDP opposed the salary provisions and the form of binding arbitration outlined in the bill. [38]

The House was supposed to break for the summer Thursday June 23, but remained open in an extended session due to the filibuster. The 103 NDP MPs to delay the passing of the bill. MPs are allowed to give such speeches each time a vote takes place, and many votes were needed before the bill could be passed. As the Conservative Party of Canada held a majority in the House, the bill passed. [38] [39] This was the longest filibuster since the 1999 Reform Party of Canada filibuster, on native treaty issues in British Columbia. [40] [41]

Conservative Member of Parliament Tom Lukiwski is known for his ability to stall Parliamentary Committee business by filibustering. [42] [43] One such example occurred October 26, 2006, when he spoke for almost 120 minutes to prevent the House of Commons of Canada Standing Committee on Environment and Sustainable Development from studying a private member's bill to implement the Kyoto Accord. [44] [45] [46] He also spoke for about 6 hours on February 5, 2008 and February 7, 2008 at the House of Commons of Canada Standing Committee on Procedure and House Affairs meetings to block inquiry into allegations that the Conservative Party spent over the maximum allowable campaign limits during the 2006 election. [47] [48] [49] [50] [51]

Another example of filibuster in Canada federally came in early 2014 when NDP MP and Deputy Leader David Christopherson filibustered the government's bill C-23, the Fair Elections Act at the Procedure and House Affairs Committee. [52] His filibuster lasted several meetings the last of which he spoke for over 8 hours and was done to support his own motion to hold cross country hearings on the bill so MPs could hear what the Canadian public thought of the bill. [53] In the end, given that the Conservative government had a majority at committee, his motion was defeated and the bill passed although with some significant amendments. [54]

Provincial

The Legislature of the Province of Ontario has witnessed several significant filibusters, [55] although two are notable for the unusual manner by which they were undertaken. [56] The first was an effort on May 6, 1991, by Mike Harris, later premier but then leader of the opposition Progressive Conservatives, to derail the implementation of the budget tabled by the NDP government under premier Bob Rae. The tactic involved the introduction of Bill 95, the title of which contained the names of every lake, river and stream in the province. [57] Between the reading of the title by the proposing MPP, and the subsequent obligatory reading of the title by the clerk of the chamber, this filibuster occupied the entirety of the day's session until adjournment. To prevent this particular tactic from being used again, changes were eventually made to the Standing Orders to limit the time allocated each day to the introduction of bills to 30 minutes. [55]

A second high-profile and uniquely implemented filibuster in the Ontario Legislature occurred in April 1997, where the Ontario New Democratic Party, then in opposition, tried to prevent the governing Progressive Conservatives' Bill 103 from taking effect. To protest the Tory government's legislation that would amalgamate the municipalities of Metro Toronto into the "megacity" of Toronto, the small NDP caucus introduced 11,500 amendments to the megacity bill, created on computers with mail merge functionality. Each amendment would name a street in the proposed city, and provide that public hearings be held into the megacity with residents of the street invited to participate. The Ontario Liberal Party also joined the filibuster with a smaller series of amendments; a typical Liberal amendment would give a historical designation to a named street. The NDP then added another series of over 700 amendments, each proposing a different date for the bill to come into force.

The filibuster began on April 2 with the Abbeywood Trail amendment [58] and occupied the legislature day and night, the members alternating in shifts. On April 4, exhausted and often sleepy government members inadvertently let one of the NDP amendments pass, and the handful of residents of Cafon Court in Etobicoke were granted the right to a public consultation on the bill, although the government subsequently nullified this with an amendment of its own. [59] On April 6, with the alphabetical list of streets barely into the Es, Speaker Chris Stockwell ruled that there was no need for the 220 words identical in each amendment to be read aloud each time, only the street name. [60] With a vote still needed on each amendment, Zorra Street was not reached until April 8. [61] The Liberal amendments were then voted down one by one, eventually using a similar abbreviated process, and the filibuster finally ended on April 11. [62]

An unusual example of filibustering occurred when the governing Liberal Party of Newfoundland and Labrador had "nothing else to do in the House of Assembly" and debated between only themselves about their own interim supply bill, after both the Conservative and New Democratic Parties indicated they intended to vote in favour of the bill. [63]

Other

On 28 October 1897, Dr. Otto Lecher, Delegate for Brünn, spoke continuously for twelve hours before the Abgeordnetenhaus ("House of Delegates") of the Reichsrat ("Imperial Council") of Austria, to block action on the " Ausgleich " with Hungary, which was due for renewal. Mark Twain was present, and described the speech and the political context in his essay "Stirring Times in Austria". [64]

In the Southern Rhodesia Legislative Assembly, Independent member Dr Ahrn Palley staged a similar filibuster against the Law and Order Maintenance Bill on 22 November 1960, although this took the form of moving a long series of amendments to the Bill, and therefore consisted of multiple individual speeches interspersed with comments from other Members. Palley kept the Assembly sitting from 8 PM to 12:30 PM the following day.

In the Senate of the Philippines, Roseller Lim of the Nacionalista Party held out the longest filibuster in Philippine Senate history.[ citation needed ] On the election for the President of the Senate of the Philippines in April 1963, he stood on the podium for more than 18 hours to wait for party-mate Alejandro Almendras who was to arrive from the United States. The Nacionalistas, who comprised exactly half of the Senate, wanted to prevent the election of Ferdinand Marcos to the Senate Presidency. Prohibited from even going to the comfort room, he had to relieve himself in his pants until Almendras' arrival. He voted for party-mate Eulogio Rodriguez just as Almendras arrived, and had to be carried off via stretcher out of the session hall due to exhaustion. However, Almendras voted for Marcos, and the latter wrested the Senate Presidency from the Nacionalistas after more than a decade of control.[ citation needed ]

On December 16, 2010, Werner Kogler of the Austrian Green Party gave his speech before the budget committee, criticizing the failings of the budget and the governing parties (Social Democratic Party and Austrian People's Party) in the last years. The filibuster lasted for 12 hours and 42 minutes (starting at 13:18, and speaking until 2:00 in the morning), [65] thus breaking the previous record held by his party-colleague Madeleine Petrovic (10 hours and 35 minutes on March 11, 1993), [66] after which the standing orders had been changed, so speaking time was limited to 20 minutes. [67] However, it didn't keep Kogler from giving his speech.

United States

Senate

The filibuster is a powerful legislative device in the United States Senate. Senate rules permit a senator or senators to speak for as long as they wish and on any topic they choose, unless "three-fifths of the Senators duly chosen and sworn" [68] (usually 60 out of 100 senators) vote to bring debate to a close by invoking cloture under Senate Rule XXII. Even if a filibuster attempt is unsuccessful, the process takes floor time. [69] Defenders call the filibuster "The Soul of the Senate". [70]

The longest-ever single-Senator filibuster was Strom Thurmond's unsuccessful filibuster of the Civil Rights Act of 1957, lasting 24 hours and 18 minutes. [71] [72] [73] The longest ever coordinated filibuster was the Southern Democrats' unsuccessful filibuster for the Civil Rights Act of 1964, which included participation from Richard Russell Jr., Strom Thurmond, Robert Byrd, J. William Fulbright, and Sam Ervin. It lasted 60 days before Senate Majority Whip Hubert Humphrey and Senate Minority Leader Everett Dirksen gathered enough votes to end debate. [74]

It is not part of the US Constitution, becoming theoretically possible with a change of Senate rules only in 1806, and never being used until 1837. [75] Rarely used for much of the Senate's first two centuries, it was strengthened in the 1970s [76] and the majority has preferred to avoid filibusters by moving to other business when a filibuster is threatened and attempts to achieve cloture have failed. [77] As a result, this has come to mean that all major legislation (apart from budgets) effectively requires a 60% majority to pass.

US Senators engaging in a filibuster

Under current Senate rules, any modification or limitation of the filibuster would be a rule change that itself could be filibustered, with two-thirds of those senators present and voting (as opposed to the normal three-fifths of those sworn) needing to vote to break the filibuster. [68]

However, under Senate precedents, a simple majority can (and has acted to) limit the practice by overruling decisions of the chair. The removal or substantial limitation of the filibuster by a simple majority, rather than a rule change, is colloquially called the nuclear option.

On November 21, 2013, the then-Democratic-controlled Senate exercised the nuclear option, in a 52–48 vote, to require only a majority vote to end a filibuster of all executive and judicial nominees, excluding Supreme Court nominees, rather than the 3/5 of votes previously required. [78] On April 6, 2017, the Republican-controlled Senate did the same, in a 52–48 vote, to require only a majority vote to end a filibuster of Supreme Court nominees. [79]

House of Representatives

In the United States House of Representatives, the filibuster (the right to unlimited debate) was used until 1842, when a permanent rule limiting the duration of debate was created.

Minority party members subsequently used a disappearing quorum, where members would refuse to vote despite being present on the floor or walk out before a vote until 1890, when Speaker Thomas Brackett Reed changed House rules to eliminate this.

As the membership of the House grew much larger than the Senate, the House had acted earlier to control floor debate, and by extension, the delay and blocking of floor votes.

On February 7, 2018, Minority Leader Nancy Pelosi set a record for the longest speech on the House floor, speaking for eight hours and seven minutes in support of Deferred Action for Childhood Arrivals: she took advantage of the fact that the Minority Leader is allowed to speak indefinitely without interruption. [80] [81]

State legislatures

Only 14 state legislatures have a filibuster:

France

In France, member of Parlement Christine Boutin spoke for five hours in the French National Assembly in November 1999 in an unsuccessful attempt to prevent or postpone the adoption of PACS, a contractual form of civil union open to homosexual couples, which she opposed.

In August 2006, the left-wing opposition submitted 137,449 amendments [82] to the proposed law bringing the share in Gaz de France owned by the French state from 80% to 34% in order to allow for the merger between Gaz de France and Suez. [83] Normal parliamentary procedure would require 10 years to vote on all the amendments.

The French constitution gives the government two options to defeat such a filibuster. The first one was originally the use of the article 49 paragraph 3 procedure, according to which the law was adopted except if a majority is reached on a non-confidence motion (a reform of July 2008 resulted in this power being restricted to budgetary measures only, plus one time each ordinary session – i.e. from October to June – on any bill. Before this reform, article 49, 3 was frequently used, especially when the government was short a majority in the Assemblée nationale to support the text but still enough to avoid a non-confidence vote). The second one is the article 44 paragraph 3 through which the government can force a global vote on all amendments it did not approve or submit itself. [84]

In the end, the government did not have to use either of those procedures. As the parliamentary debate started, the left-wing opposition chose to withdraw all the amendments to allow for the vote to proceed. The "filibuster" was aborted because the privatisation of Gaz de France appeared to have little opposition amongst the general population. It also appeared that this privatisation law could be used by the left-wing in the presidential election of 2007 as a political argument. Indeed, Nicolas Sarkozy, president of the Union pour un Mouvement Populaire (UMP – the right wing party), Interior Minister, former Finance Minister and campaigning for President, had previously promised that the share owned by the French government in Gaz de France would never go below 70%.

Hong Kong

The first incidence of filibuster in the Legislative Council (LegCo) after the Handover occurred during the second reading of the Provision of Municipal Services (Reorganization) Bill in 1999, which aimed at dissolving the partially elected Urban Council and Regional Council. As the absence of some pro-Establishment legislators would mean an inadequate support for the passing of the bill, the Pro-establishment Camp filibustered along with Michael Suen, the then-Secretary for Constitutional Affairs, the voting of the bill was delayed to the next day and that the absentees could cast their votes. Though the filibuster was criticised by the pro-democracy camp, Lau Kong-wah of the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) defended their actions, saying "it (a filibuster) is totally acceptable in a parliamentary assembly". [85]

Legislators of the Pro-democracy Camp filibustered during a debate about financing the construction of the Guangzhou-Shenzhen-Hong Kong Express Rail Link by raising many questions on very minor issues, delaying the passing of the bill from 18 December 2009 to 16 January 2010. [86] The Legislative Council Building was surrounded by thousands of anti-high-speed rail protesters during the course of the meetings.

In 2012, Albert Chan and Wong Yuk-man of People Power submitted a total of 1306 amendments to the Legislative Council (Amendment) Bill, by which the government attempted to forbid lawmakers from participating in by-elections after their resignation. The bill was a response to the so-called 'Five Constituencies Referendum, in which 5 lawmakers from the pro-democracy camp resigned and then joined the by-election, claiming that it would affirm the public's support to push forward the electoral reform. The pro-democracy camp strongly opposed the bill[ citation needed ], saying it was seen a deprivation of the citizens' political rights. As a result of the filibuster, the LegCo carried on multiple overnight debates on the amendments. In the morning of 17 May 2012, the President of the LegCo (Jasper Tsang) terminated the debate, citing Article 92 of the Rules of Procedure of LegCo: In any matter not provided for in these Rules of Procedure, the practice and procedure to be followed in the Council shall be such as may be decided by the President who may, if he thinks fit, be guided by the practice and procedure of other legislatures. In the end, all motions to amend the bill were defeated and the Bill was passed.

To ban filibuster, Ip Kwok-him of the DAB sought to limit each member to move only one motion, by amending the procedures of the Finance Committee and its two subcommittees in 2013. All 27 members from pan-democracy camp submitted 1.9 million amendments. [87] The Secretariat estimated that 408 man-months (each containing 156 working hours) were needed to vet the facts and accuracy of the motions, and, if all amendments were admitted by the Chairman, the voting time would take 23,868 two-hour meetings.

As of 2017, filibustering is still an ongoing practice in Hong Kong by the pan-democratic party, but at the same time, the pan-democratic party are undergoing huge amounts of fire from the pro-Beijing camp for making filibustering a norm in the Legislative Council.

Italy

In Italy, filibustering has ancient traditions and is expressed overall with the proposition of legal texts [88] on which interventions take place. [89]

Iran

In Iranian oil nationalisation, the filibustering speech of Hossain Makki, the National Front deputy took four days [90] that made the pro-British and pro-royalists in Majlis (Iran) inactive. To forestall a vote, the opposition, headed by Hossein Makki, conducted a filibuster. For four days Makki talked about the country's tortuous experience with AIOC and the shortcomings of the bill. Four days later when the term ended the debate had reached no conclusion. The fate of the bill remained to be decided by the next Majlis. [91]

South Korea

South Korean opposition lawmakers started a filibuster on February 23, 2016, to stall the Anti-Terrorism bill, which they claim will give too much power to the National Intelligence Service and result in invasions of citizens' privacy. As of March 2, the filibuster completed with a total of 193 hours, and the passing of the bill. [92] South Korea's 20th legislative elections were held 2 months after the filibuster, and the opposite party the Minjoo Party of Korea won more seats than the ruling party, the Saenuri Party.

Spain

In Catalonia, Spain, pro-union members filibustered for 11 hours on September 6, 2017, to stall the Catalonian independence referendum, but failed. [93]

Poland

Since 2019, the Senate of Poland is controlled by parties opposing the ruling Law and Justice Party. [94] In 2020, this body postponed legislative procedure of a controversial electoral act for 30 days and eventually vetoed it. [95]

See also historical liberum veto rule.

See also

Related Research Articles

Cloture parliamentary procedure forcing a quick end to a debate

Cloture, closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "the act of terminating something". It was introduced into the Parliament of the United Kingdom by William Ewart Gladstone to overcome the obstructionism of the Irish Parliamentary Party and was made permanent in 1887. It was subsequently adopted by the United States Senate and other legislatures. The name cloture remains in the United States; in Commonwealth countries it is usually closure or, informally, guillotine; in the United Kingdom closure and guillotine are distinct motions.

Parliament of Canada Canada federal legislature seat

The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the Monarch, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or her representative, normally the governor general, provides royal assent to make bills into law.

The United States Constitution provides that each "House may determine the Rules of its Proceedings," therefore each Congress of the United States, upon convening, approves its own governing rules of procedure. This clause has been interpreted by the courts to mean that a new Congress is not bound by the rules of proceedings of the previous Congress.

A private member's bill in a parliamentary system of government is a bill introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster System jurisdictions, in which a "private member" is any member of parliament (MP) who is not a member of the cabinet (executive). Other labels may be used for the concept in other parliamentary systems; for example, the label member's bill is used in the Scottish Parliament and the New Zealand Parliament, and the term private senator's bill is used in the Australian Senate. In presidential systems with a separation of the executive from the legislature, the concept does not arise since the executive cannot initiate legislation, and bills are introduced by individual legislators.

New Zealand House of Representatives Sole chamber of the New Zealand Parliament

The House of Representatives is the sole chamber of the New Zealand Parliament. The House passes laws, provides ministers to form Cabinet, and supervises the work of government. It is also responsible for adopting the state's budgets and approving the state's accounts.

Speaker of the House of Commons (Canada) Lower house presiding office of the canada parlaiament

The Speaker of the House of Commons is the presiding officer of the lower house of the Parliament of Canada and is elected at the beginning of each new parliament by fellow members of Parliament (MPs). The speaker's role in presiding over Canada's House of Commons is similar to that of speakers elsewhere in other countries that use the Westminster system.

Official party status is the official recognition that the Parliament of Canada and Canada's provincial legislatures grant to some political parties, qualifying them for certain rights and privileges. The qualifications for receiving official party status, usually based on the number of party members in the legislature, varies from legislature to legislature.

A supermajority, supra-majority, qualified majority or special majority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a majority. A supermajority in a democracy can help to prevent a majority from eroding fundamental rights of a minority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote.

Members of the 38th Canadian Parliament and same-sex marriage

This article lists the members of the 38th Parliament of Canada and how they voted on Bill C-38, now known as the Civil Marriage Act. Bill C-38 amended the Marriage Act of Canada to recognize same-sex marriage (SSM). The 38th Parliament began with the federal election of June 28, 2004, and was dissolved on November 29, 2005. It was dissolved prior to the election of January 23, 2006. The legislation was later challenged by the members of the 39th Canadian Parliament.

<i>Civil Marriage Act</i> Federal law implementing same-sex marriage across Canada

The Civil Marriage Act was legislation legalizing same-sex marriage across Canada. At the time the bill became law, same-sex marriage had already been legalized by court decisions in all Canadian provinces except Alberta and Prince Edward Island, as well as in the territories of Nunavut and the Northwest Territories.

The 2005 Canadian federal budget was the budget of the Government of Canada for the 2005–2006 fiscal year. It was presented on February 23, 2005, by Finance Minister Ralph Goodale. It was the first Canadian federal budget presented by a minority government since the budget of the Joe Clark Progressive Conservative government in 1979, which was defeated by the opposition parties.

Reconciliation is a legislative process of the United States Congress that expedites the passage of certain budgetary legislation in the United States Senate. The Senate filibuster effectively requires a 60-vote super-majority for the passage of most legislation in the Senate, but reconciliation provides a process to prevent the use of the filibuster and thereby allow the passage of a bill with simple majority support in the Senate. The reconciliation procedure also exists in the United States House of Representatives, but reconciliation has had a less significant impact on that body.

The nuclear option is a parliamentary procedure that allows the United States Senate to override a standing rule of the Senate, such as the 60-vote rule to close debate, by a simple majority of 51 votes, rather than the two-thirds supermajority normally required to amend the rules. The option is invoked when the majority leader raises a point of order that contravenes a standing rule, such as that only a simple majority is needed to close debate on certain matters. The presiding officer denies the point of order based on Senate rules, but the ruling of the chair is then appealed and overturned by majority vote, establishing new precedent.

The Standing Rules of the Senate are the parliamentary procedures adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section 5 of the United States Constitution: "Each House may determine the rules of its proceedings..."

A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) committees, the activities of a committee of the whole are limited to considering and making recommendations on matters that the assembly has referred to it; it cannot take up other matters or vote directly on the assembly's business. The purpose of a committee of the whole is to relax the usual limits on debate, allowing a more open exchange of views without the urgency of a final vote. Debates in a committee of the whole may be recorded but are often excluded from the assembly's minutes. After debating, the committee submits its conclusions to the assembly and business continues according to the normal rules.

Legislative violence Violence in legislative bodies

Legislative violence broadly refers to any violent clashes between members of a legislature, often physically, inside the legislature and triggered by divisive issues and tight votes. Such clashes have occurred in many countries across time, and notable incidents still regularly occur.

The Parnell–Bressington filibuster is a record-breaking filibuster that occurred in the South Australian upper house, the Legislative Council, on 8 May 2008, involving SA Greens MLC Mark Parnell and No Pokies MLC Ann Bressington.

United States Senate Upper house of the United States Congress

The United States Senate is the upper chamber of the United States Congress, which, along with the United States House of Representatives—the lower chamber—constitutes the legislature of the United States. The Senate chamber is located in the north wing of the Capitol Building in Washington, D.C.

Filibuster is a tactic of obstruction used in the United States Senate to prevent a measure from being brought to a vote. The most common form occurs when one or more senators attempt to delay or block a vote on a bill by extending debate on the measure. The Senate rules permit a senator, or a series of senators, to speak for as long as they wish, and on any topic they choose, unless "three-fifths of the Senators duly chosen and sworn" vote to bring the debate to a close by invoking cloture under Senate Rule XXII.

Michael Cooper (politician)

Michael J. Cooper is a Canadian politician who was elected to represent the riding of St. Albert—Edmonton in the House of Commons of Canada in the 2015 federal election and re-elected in the 2019 federal election. He is a lector at St. Albert Parish and a member of the Knights of Columbus, St. Albert Rotary Club and St. Albert and District Chamber of Commerce. Prior to entering politics, Cooper studied at the University of Alberta. He worked as a civil litigator at a law firm in Edmonton.

References

Notes

  1. "Talking it out" usage example: "MPs renew info exemption effort". BBC. 15 May 2007. Retrieved 25 September 2010.
  2. Kelly, Jon. "The art of the filibuster: How do you talk for 24 hours straight?". BBC News Magazine. BBC. Retrieved 12 June 2018.
  3. "Vribuyt". Online Historic Dutch Dictionary. Retrieved 21 January 2021.
  4. "Definition of FREEBOOTER". www.merriam-webster.com. Retrieved 2021-01-22.
  5. 1 2 "Filibuster". etymologiebank.ivdnt.org. Retrieved 2021-01-21.
  6. "Oxford English Dictionary: freebooter". www.oed.com. Retrieved 2021-01-23.
  7. "Definition of FREEBOOTER". www.merriam-webster.com. Retrieved 2021-01-22.
  8. Shapiro, Michael. "Etymology as Present Knowledge – Language Lore" . Retrieved 2021-01-22.
  9. R. A. Van Middeldyk (1910), The History of Puerto Rico, p. 131
  10. 1 2 "The Century Dictionary Online, lemma Filibuster". www.global-language.com. Global Language Resources, Inc. 1911. p. 2213. Retrieved 2021-01-22.
  11. "vrijbuiter etymology". etymologiebank.ivdnt.org (in Dutch). Retrieved 2021-01-22.
  12. 1 2 "Flibustier : définition de « flibustier » | Dictionnaire - La langue française". Flibustier : définition de « flibustier » | Dictionnaire - La langue française. Retrieved 2021-01-22.
  13. Richter, William L. (2009-07-24). The A to Z of the Civil War and Reconstruction. Scarecrow Press. p. 237. ISBN   978-0-8108-6336-1.
  14. "Definition of FILIBUSTER". www.merriam-webster.com. Retrieved 2021-01-23.
  15. "filibuster | Origin and meaning of filibuster by Online Etymology Dictionary". www.etymonline.com. Retrieved 2021-01-21.
  16. 1 2 3 4 Goldsworthy, Adrian (2006). Caesar: Life of a Colossus. New Haven: Yale University Press. p. 583.
  17. "MPs' info exemption bill revived". BBC News. 2007-04-24. Retrieved 2010-12-24.
  18. Thomson, Ainsley (2011-01-17). "U.K. in Marathon Session on Voting Bill". The Wall Street Journal.
  19. "Conservative backbenchers halt effort to move clocks forward". January 21, 2012. Retrieved July 12, 2012.
  20. Jacob Rees-Mogg Proposes Somerset Time Zone.
  21. https://publications.parliament.uk/pa/cm201415/cmhansrd/chan70.pdf
  22. "Fury as retaliatory evictions bill talked out of Commons". Inside Housing. Archived from the original on 14 August 2016. Retrieved 15 June 2016.
  23. "Private Members' Ballot Bills First Reading: 24 June 2015 - News from Parliament". UK Parliament. Retrieved 2019-06-04.
  24. "Tory MP: Why I blocked free parking bill". BBC News . Retrieved 2019-06-04.
  25. "MP's marathon speech sinks bill". BBC News. Retrieved February 14, 2007.
  26. Parliament of Australia – Standing Orders and other orders of the Senate. Retrieved June 23, 2008. Archived February 16, 2012, at the Wayback Machine
  27. Parliament of Australia – House of Representatives Standing and Sessional Orders. Retrieved June 23, 2008. Archived February 16, 2012, at the Wayback Machine
  28. Rhodes, Campbell. "The last Australian filibuster". Museum of Australian Democracy at Old Parliament House. Retrieved 9 June 2020.
  29. "SA MPs in record-breaking filibuster". The Sydney Morning Herald. 9 May 2008. Retrieved 21 September 2020.
  30. Ireland, Judith (February 29, 2012). "Abbott finds a new victim for his schtick". Sydney Morning Herald.
  31. "Suspended in the time it takes for a sound bite". The Australian. 2012-03-16.
  32. Small, Vernon (2000-08-21). "Bill debate goes to rare Monday". The New Zealand Herald . Archived from the original on 2018-03-15. Retrieved 2017-12-16.
  33. ""Melissa Lee Memorial Council" mooted". Newstalk ZB. Archived from the original on 2009-05-19. Retrieved 2010-12-24.
  34. "Labour filibuster on Supercity bills". Stuff.co.nz. Retrieved 2010-12-24.
  35. Government of India (January 2010). "2: General Matters". Handbook for Members of Rajya Sabha (PDF). p. 60.
  36. Government of India. "2: General". Handbook for Members of Lok Sabha (Fifteenth Edition) (PDF). p. 67. Archived from the original (PDF) on 2014-08-13. Retrieved 2014-03-19.
  37. "Bizarre story defies Shatter's drone attack". The Irish Times. February 20, 2014.
  38. 1 2 "Canada Post back-to-work bill passes key vote". CBC. June 25, 2011.
  39. "John Ivison: Time stands still in the House of Commons as NDP filibuster drags on". National Post. June 24, 2011. Archived from the original on January 29, 2013.
  40. Archived June 29, 2011, at the Wayback Machine
  41. "Marathon Canada Post debate continues on Hill". Vancouver Sun. June 24, 2011. Archived from the original on June 28, 2011. Retrieved June 26, 2011.
  42. Alexander Panetta (2008-04-03). "Tory's loose lips an asset – until now". Toronto: The Canadian Press. Retrieved 2010-02-13.
  43. Catherine Clark, Tom Lukiwski (July 27, 2009). "'Beyond Politics' interview (at 19:11)". CPAC.
  44. "Parties trade blame for House logjam". Toronto: The Canadian Press. 2006-10-26. Archived from the original on 2011-06-06. Retrieved 2010-02-13.
  45. "Standing Committee on Environment and Sustainable Development". Parliament of Canada. October 26, 2006. Retrieved 2010-02-13.
  46. Mike De Souza. "Tories accused of stalling their own green agenda". www.canada.com. Archived from the original on 2011-06-04. Retrieved 2010-02-13.
  47. "Angry chairman suspends session". www.canada.com. Archived from the original on 2011-06-04. Retrieved 2010-02-13.
  48. "Tories accused of stalling ad scheme review". www.canada.com. Archived from the original on 2011-06-04. Retrieved 2010-02-13.
  49. Kady O'Malley. "Filibuster ahoy! Liveblogging the Procedure and House Affairs Committee for as long as it takes..." www.macleans.ca. Retrieved 2010-02-13.[ dead link ]
  50. Kady O'Malley. "Liveblogging PROC: We'll stop blogging when he stops talking – the return of the killer filibuster (From the archives)". www.macleans.ca. Retrieved 2010-02-13.
  51. Kady O'Malley. "Liveblogging the Procedure and House Affairs Committee for as long as it takes... (Part 3)". www.macleans.ca. Retrieved 2010-02-13.[ dead link ]
  52. "House of Commons Committees – PROC (41-2) – Minutes of Proceedings – Number 016" . Retrieved 15 June 2016.
  53. Stone, Laura. "The art of the filibuster: preparation, focus and a hardy bladder" . Retrieved 15 June 2016.
  54. "Conservatives pass Fair Elections Act". Toronto Star. Retrieved 15 June 2016.
  55. 1 2 "Obstruction in the Ontario Legislature: The struggle for power between the government and the opposition" (PDF). Retrieved 2012-08-07.
  56. "On Filibusters". Archived from the original on 2012-08-03. Retrieved 2012-08-07.
  57. "Legislative Assembly of Ontario. Hansard. Monday, 6 May 1991" . Retrieved 2012-08-07.
  58. "Legislative Assembly of Ontario. Hansard. Wednesday, 2 April 1997, volume B". ola.org. Retrieved 2020-06-10.
  59. "Legislative Assembly of Ontario. Hansard. Friday, 4 April 1997, volume H". ola.org. Retrieved 2020-06-10.
  60. "Legislative Assembly of Ontario. Hansard. Sunday, 6 April 1997, volume N". ola.org. Retrieved 2020-06-10.
  61. "Legislative Assembly of Ontario. Hansard. Tuesday, 8 April 1997, volume S". ola.org. Retrieved 2020-06-10.
  62. "Legislative Assembly of Ontario. Hansard. Friday, 11 April 1997, volume AE". ola.org. Retrieved 2020-06-10.
  63. McLeod, James (March 14, 2017). "Liberal government filibusters its own budget debate". The Telegram. Archived from the original on March 15, 2017. Retrieved November 5, 2017.
  64. Mark Twain. "Stirring Times in Austria" . Retrieved 13 Aug 2017.
  65. "Werner Kogler blocks budget with record filibuster", Presse, 16. Dezember 2010
  66. "Stenographical Protokol of the 107th conference of the XVIII. legislature period (March 10th to 12th; 1993)" (PDF) (in German). Retrieved 2010-12-24.
  67. Parlamentskorrespondenz/09/12.03.2007/Nr. 156, Die lange Nacht im Hohen Haus
  68. 1 2 "Precedence of motions (Rule XXII)". Rules of the Senate. United States Senate. Archived from the original on January 31, 2010. Retrieved January 21, 2010.
  69. Beth, Richard; Stanley Bach (March 28, 2003). Filibusters and Cloture in the Senate (PDF). Congressional Research Service. pp. 4, 9.
  70. Richard A. Arenberg; Robert B. Dove (2012). Defending the Filibuster: The Soul of the Senate. Indiana U.P.
  71. "Filibuster and Cloture". United States Senate. Retrieved 29 August 2020.
  72. "The Racist Filibuster We Can't Afford to Forget". New York Public Radio. Retrieved 29 August 2020.
  73. "Congress passes Civil Rights Act Aug. 29, 1957". Politico. August 29, 2007.
  74. "The filibuster that almost killed the Civil Rights Act - National Constitution Center". National Constitution Center – constitutioncenter.org. Retrieved 2020-11-05.
  75. Binder, Sarah (April 22, 2010). "The History of the Filibuster". Brookings. Retrieved June 14, 2012.
  76. Jonathan Backer. Brennan Center for Justice: A Short History on the Constitutional Option. Archived from the original on 2012-12-21.
  77. Gregory John Wawro; Eric Schickler (2006). Filibuster: Obstruction And Lawmaking in the U.S. Senate. Princeton U.P. pp. 1–12.
  78. Peters, Jeremy W. (2013-11-21). "In Landmark Vote, Senate Limits Use of the Filibuster". The New York Times.
  79. "Senate OKs 'nuclear option,' clears path for high court nomination vote". ABC News. 2017-04-06. Retrieved 2017-04-06.
  80. "Pelosi ends immigration speech after more than 8 hours, setting record". ABC News. 8 February 2018. Retrieved 10 March 2018.
  81. "Nancy Pelosi sets record for longest House floor speech about Dreamers". cbsnews.com. Retrieved 10 March 2018.
  82. "TIMELINE: Key dates in Gaz de France-Suez merger". Reuters. 2 September 2007. Retrieved 2010-02-24.
  83. Kanter, James (19 September 2006). "Plan for Gaz de France advances toward a vote". International Herald Tribune. Retrieved 2010-02-24.
  84. "France – Constitution". International Constitutional Law. Retrieved 2010-02-24.
  85. Official Record of Proceedings, Legislative Council, 1 December 1999, p. 1875.
  86. Hong Kong Opposition to Rail Holds Off Vote, Wall Street Journal
  87. Paper for the Finance Committee Meeting on 22 February 2013: Members' motions that seek to amend the procedures of the Finance Committee and its two subcommittees, Legislative Council of Hong Kong
  88. (in Italian) Pacuvio Labeone, Italicum, canguri e scavalchi: gli emendamenti azzeccagarbugli, Goleminformazione, 22 gennaio 2015.
  89. (in Italian) I tre giorni della supercazzola, L’Ago e il filo, 2013.
  90. "Oil Agreements in Iran". Encyclopædia Iranica. 1901-05-28. Retrieved 2015-09-01.
  91. Elm, M. (1994). Oil, Power, and Principle: Iran's Oil Nationalization and Its Aftermath. Contemporary issues in the Middle East. Syracuse University Press. p. 56. ISBN   978-0-8156-2642-8 . Retrieved 2015-09-01.
  92. "South Korea breaks record trying to block surveillance". 2 March 2016. Retrieved 15 June 2016.
  93. "El Constitucional suspende de urgencia la ley del referéndum". El País (in Spanish). 8 September 2017. Retrieved 12 September 2017.
  94. "Polish conservatives win vote, but lose Senate majority". Deutsche Welle. 14 October 2019. Retrieved 2020-05-27.
  95. Białczyk, oprac Piotr (2020-05-05). "Wybory 2020. Senat odrzucił ustawę o głosowaniu korespondencyjnym". wiadomosci.wp.pl (in Polish). Retrieved 2020-05-27.

Sources

Further reading