The Filibuster Since 1789, by Allan Damon

The use of the filibuster, and eventually the cloture, have been the topic of debate regarding the legislative functions of the United States Congress.  With no constitutional provision providing for nor prohibiting the use of either tactic, both chambers have made rules regarding the manner in which the filibuster is to be used in each respective chamber.  Of the two chambers, the US Senate is most widely known for the use of both tactics, as the House recognized years ago the inefficiency that could be caused in a chamber with so many members. Students begin with Damon’s article and then are provided the opportunity to read about the history of both the filibuster and cloture and their presence in the US Senate.  Students then have the chance to analyze whether or not the filibuster and cloture have any alignment with Publius’ argument about controlling the effects of a majority faction.  Can the filibuster be an opportunity for the legislative minority to thwart the attempts of a legislatively oppressive majority in the US Senate? Also consider researching current commentary on the increased used of cloture in recent years and proposed reforms to the filibuster process.