Filling the tree

Last updated

In the United States Senate, filling the tree is a procedure by which the majority leader can prevent amendments to a piece of legislation from being voted on. This is done by filling all possible opportunities for amendments by amendments of the leader's choosing. It is not a new tactic, but saw a significant increase in usage under Harry Reid. [1]

Contents

Procedure

The Senate majority leader has a traditional right to be recognized first for the purposes of offering amendments on legislation. [2] The term itself is a colloquial name for the diagram used to show the priority given to amendments to a bill. The trunk of the tree represents the bill, while the branches reflect the corresponding amendments.

Majority leaders fill the tree to introduce first- and second-degree amendments that block other senators from offering further amendments because the Senate cannot move on to another amendment without unanimous consent or overcoming a filibuster on the motion to put the other amendment before the body. Depending on the particular bill, one of four trees may be used: the first tree has room for three amendments, the second and third trees have room for five amendments, and the fourth tree has room for 11 (or 12 in rare instances) amendments. [3] To fill the tree, none of the slots may be left available.

Consequences

The majority leader must assess the risk in deciding to fill the tree. Some senators will reject a bill if they feel they have not been given an adequate opportunity to offer amendments. For example, Senator Susan Collins voted against the 2010 Defense Authorization Bill although she largely supported the substance of the bill, citing the filling of the amendment tree by Senate Majority Leader Harry Reid. [4] Reid used this tactic during the Consolidated Appropriations Act, 2014 Senate floor debate, preventing amendments that would have removed the provisions that rolled back Section 716 (derivatives guarantees by the FDIC) of the Dodd-Frank legislation. [5]

See also

Related Research Articles

<span class="mw-page-title-main">Robert Byrd</span> American politician (1917–2010)

Robert Carlyle Byrd was an American politician and musician who served as a United States senator from West Virginia for over 51 years, from 1959 until his death in 2010. A Democrat, Byrd also served as a U.S. representative for six years, from 1953 until 1959. He remains the longest-serving U.S. Senator in history; he was the longest-serving member in the history of the United States Congress until surpassed by Representative John Dingell of Michigan. Byrd is the only West Virginian to have served in both chambers of the state legislature and in both chambers of Congress.

<span class="mw-page-title-main">Cloture</span> 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.

<span class="mw-page-title-main">Filibuster</span> Political stalling tactic

A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking out a bill", and is characterized as a form of obstruction in a legislature or other decision-making body.

<span class="mw-page-title-main">Ben Nelson</span> American attorney & politician (born 1941)

Earl Benjamin Nelson is an American attorney, businessman, and politician who served as the 37th governor of Nebraska from 1991 to 1999 and as a United States Senator from Nebraska from 2001 to 2013. He is a member of the Democratic Party, and as of 2024, the last Democrat to hold any statewide elected office in Nebraska.

<span class="mw-page-title-main">John Ensign</span> American veterinarian & politician (born 1958)

John Eric Ensign is an American veterinarian and former politician who served as a United States Senator from Nevada from 2001 until his resignation in 2011 amid a Senate Ethics Committee investigation into his attempts to hide an extramarital affair. A member of the Republican Party, Ensign previously represented Nevada's 1st congressional district in the House of Representatives from 1995 to 1999. Following his resignation from the Senate, Ensign returned to Nevada and resumed his career as a veterinarian.

<span class="mw-page-title-main">Harry Reid</span> American politician (1939–2021)

Harry Mason Reid Jr. was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Senate Majority Leader from 2007 to 2015.

<span class="mw-page-title-main">Civil Rights Act of 1957</span> American civil rights law

The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875. The bill was passed by the 85th United States Congress and signed into law by President Dwight D. Eisenhower on September 9, 1957.

<span class="mw-page-title-main">George W. Bush Supreme Court candidates</span>

Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency.

Budget reconciliation is a special parliamentary procedure of the United States Congress set up to expedite the passage of certain federal budget legislation in the Senate. The procedure overrides the Senate's filibuster rules, which may otherwise require a 60-vote supermajority for passage. Bills described as reconciliation bills can pass the Senate by a simple majority of 51 votes or 50 votes plus the vice president's as the tie-breaker. The reconciliation procedure also applies to the House of Representatives, but it has minor significance there, as the rules of the House of Representatives do not have a de facto supermajority requirement. Because of greater polarization, gridlock, and filibustering in the Senate in recent years, budget reconciliation has come to play an important role in how the United States Congress legislates.

In the United States Senate, the nuclear option is a parliamentary procedure that allows the Senate to override a standing rule by a simple majority, avoiding the two-thirds supermajority normally required to invoke cloture on a measure amending the Standing Rules. The term "nuclear option" is an analogy to nuclear weapons being the most extreme option in warfare.

The Gang of 14 was a bipartisan group of Senators in the 109th United States Congress who successfully, at the time, negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called "nuclear option" by Senate Republican Majority over an organized use of the filibuster by Senate Democrats.

Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch.

<span class="mw-page-title-main">DREAM Act</span> American legislative proposal on immigration

The Development, Relief, and Education for Alien Minors Act, known as the DREAM Act, is a United States legislative proposal to grant temporary conditional residency, with the right to work, to undocumented immigrants who entered the United States as minors—and, if they later satisfy further qualifications, they would attain permanent residency.

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 ..."

<span class="mw-page-title-main">Political positions of Harry Reid</span>

Former United States Senator Harry Reid declared his position on many political issues through his public comments and his senatorial voting record.

<span class="mw-page-title-main">United States Senate</span> Upper house of the US Congress

The United States Senate is the upper chamber of the United States Congress. The United States Senate and the lower chamber of Congress, the United States House of Representatives, comprise the federal bicameral legislature of the United States. Together, the Senate and the House maintain authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments, ratify treaties, exercise advice and consent powers, and try cases of impeachment brought by the House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government.

<span class="mw-page-title-main">Filibuster in the United States Senate</span> Legislative tactic

A filibuster is a tactic used in the United States Senate to delay or block a vote on a measure by preventing debate on it from ending. The Senate's rules place few restrictions on debate; in general, if no other senator is speaking, a senator who seeks recognition is entitled to speak for as long as they wish. Only when debate concludes can the measure be put to a vote.

<span class="mw-page-title-main">Chris Murphy gun control filibuster</span>

On June 15, 2016, in the wake of a mass shooting in Orlando, Florida, Senator Chris Murphy, Democrat of Connecticut, launched a filibuster in the United States Senate, promising to hold the floor "for as long as I can" or until Congress acts on gun control legislation.

The 2005 debate on the nuclear option was a political debate in the United States Senate regarding the possible use of the nuclear option to allow a simple majority to confirm judicial nominees. At the time, three-fifths of all senators duly chosen and sworn were required to end debate on nominations under Rule XXII of the Senate's standing rules.

<span class="mw-page-title-main">Strom Thurmond filibuster of the Civil Rights Act of 1957</span> Longest United States Senate filibuster

On August 28, 1957, Strom Thurmond, then a Democratic United States senator from South Carolina, began a filibuster intended to prevent the passage of the Civil Rights Act of 1957. The filibuster—an extended speech designed to stall legislation—began at 8:54 p.m. and lasted until 9:12 p.m. the following day, a duration of 24 hours and 18 minutes. This made the filibuster the longest single-person filibuster in United States Senate history, a record that still stands as of 2024. The filibuster focused primarily on asserting that the bill in question, which provided for expanded federal protection of African American voting rights, was both unnecessary and unconstitutional, and Thurmond recited from documents including the election laws of each U.S. state, Supreme Court decisions, and George Washington's Farewell Address. Thurmond focused on a particular provision in the bill that dealt with certain court cases, but opposed the entirety of the bill.

References

  1. Strand, Mark; Lang, Tim (April 1, 2014). "Cracks in the Senatorial Saucer: Filling the Tree, Cloture, and Curtailing Senate Debate".
  2. "Majority and Minority Leaders and Party Whips". United States Senate. Retrieved December 9, 2016.
  3. "Capitol Questions". C-Span. May 2000. Archived from the original on July 9, 2012. Retrieved October 19, 2010.
  4. Ilona-Nickels, Ask An Expert: Filling the Tree, September 23, 2010, "", October 19, 2010
  5. "Elizabeth Warren, David Vitter Make Last-Minute Press Against Reid on 'Wall Street Giveaway'". HuffPost . December 12, 2014.