Definition of Cloture: An Agreement to Limit Debate

Time for a quick civics lesson!

Cloture is a a motion to limit debate on a bill or other matter (i.e. nomination) pending before the Senate.  So what do news agencies mean when they say that yesterday’s Senate vote on the health care bill is a vote to begin debating the bill?

From the Washington Post:

After days of indecision, the last two Democratic holdouts — Sens. Blanche Lincoln (Ark.) and Mary Landrieu (La.) — joined their caucus in supporting a motion to begin debate.

From the New York Times:

The Senate voted on Saturday to begin full debate on major health care legislation

From CNN:

the Senate voted to move ahead with a floor debate

These are just a few examples, but you can find countless others on Google News.

In olden days, you couldn’t actually ever stop debate on a bill if any Senator wanted to keep talking about it. As you can imagine, this meant that if a couple of Senators were really opposed to something, they could just take turns talking about it until the rest of the Senators caved and moved on to the other things they needed to vote on. In an effort to help move things along, the Senate changed its rules so that if two-thirds of the Senators wanted to end debate, they could do so by invoking cloture. Yes, it sounds a lot like closure, and the two words have very similar meanings. They’re about bringing something to an end.

The bar for invoking cloture was still so high that it was nearly impossible to do. Getting two-thirds of the Senate to agree on everything is like getting two three-year-olds to eat all of their vegetables. In fact, cloture was only invoked five times during the next 46 years. Consequently, the Senate changed its rules to require only three-fifths of the Senators to vote for a cloture motion in order for it to pass.

The motion that the Senate voted to invoke cloture on last night was the motion to begin debate.  In other words, the Republicans were stopping the official debate from even beginning, so the Democrats had to muster 60 votes just to start the debate.

I hope this little history and civics lesson has helped you understand what the Senate voted on last night.  Here are a couple of resources on the Senate website that deal with the history of cloture:
http://www.senate.gov/artandhistory/history/minute/Cloture_Rule.htm
http://www.senate.gov/reference/resources/pdf/RL30360.pdf

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Posted at 2:27 AM on November 22nd, 2009
  • http://LittleDEM.com LittleDEM

    Will, Thank You for your article — It actually sparked me to write one of my own on the matter of Saturday’s Senate vote. But reading your explanation, particularly your opening, I think they did effectively vote to ‘begin debating the bill’. I know that’s perhaps not technically what the vote was, but isn’t it just the difference of which end of the (same) tunnel you’re looking through?

    Curious on your thoughts — FYI, my article is posted here . . .

    http://littledem.com/2009/11/what-actually-happened-on-the-senate-floor-last-night-vis-a-vis-healthcare-reform/

  • http://www.the44diaries.com audiegrl

    Great point Will. With your permission, I would like to cross-post this on The 44 Diaries. :-)

  • http://LittleDEM.com LittleDEM

    Hey, Will, Thank You for the kudos on my interpretation at LittleDEM.com, but I have a follow-up question . . . WHY exactly did they have to vote for Cloture? Was that the only alternative to the Majority Leader’s request for ‘unanimous consent to lay a bill before the Senate’?

    It may seem overly detail-oriented, but I think it’s worth nailing down exactly why 60 votes were even needed just to — effectively — START the debate on Healthcare Reform.

  • http://www.comcast.net Michael D. Long

    Great overview, Will. However, it looks like LittleDEM has the problem the left always accuses Independents and Republicans of – an inability to comprehend what he is reading.

    The rule on cloture is just another example of the abuses that are leading to the collapse of this once great nation. It was implemented during time of war to allow votes on issues having direct effect on American lives. As with any emergency measure, there should be restrictions on use to only those times where lives will be lost should debate continue.

    It turns out that Woodrow Wilson was not the legislative expert he purported to be, just another in a long line of fools chipping away at the Constitution.

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