Why does the filibuster rule protect the minority party?

The filibuster in the U.S. Senate protects the rights of Senators to debate and amend legislation, thereby protecting the interest of the American people. The filibuster actually realizes the Founders’ intent that the Senate slow the legislative process “to ensure due deliberation and inquiry” before passing a bill. Current efforts to limit the filibuster to expedite the legislative process are misguided. One of the problems causing the expansion of the use of the filibuster are the actions by Senate Majority Leaders to limit debate and block other Senators from offering any amendments to select bills during Senate floor debates. The Senate would be better served by ending the Senate Majority Leader’s power to limit amendments and debate.

Explanation:

The filibuster in the U.S. Senate protects the rights of Senators to debate and amend legislation, thereby protecting the interest of the American people. The filibuster actually realizes the Founders’ intent that the Senate slow the legislative process “to ensure due deliberation and inquiry” before passing a bill. Current efforts to limit the filibuster to expedite the legislative process are misguided. One of the problems causing the expansion of the use of the filibuster are the actions by Senate Majority Leaders to limit debate and block other Senators from offering any amendments to select bills during Senate floor debates. The Senate would be better served by ending the Senate Majority Leader’s power to limit amendments and debate.

The United States Senate has a long and storied tradition of extended debate. Yet in a misguided effort to make it easier for the majority to shut down debate, leaders from both major political parties have flirted with eliminating the Senate filibuster. This would be unwise. Any rule that makes it easier for Senate leaders to end debate and block the amendment process will lead to less transparency, rushed debate, and a diminution of Senators’ rights to participate in the legislative process.

The filibuster is permitted by Rule 22 of the Senate Rules.[1] Traditionally, Senators have enjoyed the right to unlimited debate on legislation or a nomination unless the Senate votes to end debate. Rule 22 thus empowers ordinary Senators to make their voices heard and guarantees them the opportunity to offer amendments during Senate floor debates.

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