The cloture motion: Possible hidden reasons for it and a proposed solution

Published January 11, 2019 5:00am ET



Senators often lament that the 60-vote threshold prevents them from passing legislation. At the same time, however, they state the 60-vote rule is necessary because it prevents endless delays and filibusters, protects the minority party in the Senate, and is a tradition of the Senate. But there are three other reasons why senators favor the 60-vote threshold. To understand them, one must first accept that the Senate’s inability to pass some bills can serve senators’ personal interests.

For a Senate bill to become a law, a two-step process must occur: a vote to invoke cloture and a vote on the bill itself. In the first step, which must be satisfied before a vote on legislation can occur, the Senate must find 60 votes to pass a cloture motion to end debate. After that, senators vote on the bill itself, with a simple majority (or plurality) required for passage.

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