1 00:00:00,120 --> 00:00:05,279 Speaker 1: This Day in History Class is a production of iHeartRadio. 2 00:00:07,040 --> 00:00:11,040 Speaker 1: Hello and welcome to This Day in History Class, a 3 00:00:11,119 --> 00:00:14,400 Speaker 1: show for those who can never know enough about history. 4 00:00:15,360 --> 00:00:19,040 Speaker 1: I'm Gabeluesier, and in this episode we're talking about a 5 00:00:19,120 --> 00:00:22,760 Speaker 1: long overdue edition to the Senate rule Book, a fail 6 00:00:22,840 --> 00:00:26,320 Speaker 1: safe measure meant to keep senators from hogging the floor 7 00:00:26,520 --> 00:00:36,640 Speaker 1: with idle chatter. The day was March eighth, nineteen seventeen. 8 00:00:37,400 --> 00:00:40,400 Speaker 1: The US Senate adopted a rule that allowed a two 9 00:00:40,520 --> 00:00:44,160 Speaker 1: thirds majority to cut off debate and force a vote 10 00:00:45,200 --> 00:00:48,680 Speaker 1: known as cloture from the old French word for closure. 11 00:00:49,200 --> 00:00:52,959 Speaker 1: The rule was established after six hours of debate by 12 00:00:53,000 --> 00:00:57,520 Speaker 1: a vote of seventy six to three. From the earliest 13 00:00:57,600 --> 00:01:01,760 Speaker 1: days of the Republic, Senate rules have allowed individual senators 14 00:01:01,960 --> 00:01:04,920 Speaker 1: to talk for as long as they want about nearly 15 00:01:04,959 --> 00:01:08,160 Speaker 1: any subject they want, and it didn't take long for 16 00:01:08,280 --> 00:01:12,040 Speaker 1: senators to realize they could use that privilege of unlimited 17 00:01:12,040 --> 00:01:17,840 Speaker 1: debate to delay action on undesirable legislation. In fact, the 18 00:01:17,920 --> 00:01:21,240 Speaker 1: stalling tactic was employed in the very first session of 19 00:01:21,280 --> 00:01:25,720 Speaker 1: the Senate, way back in seventeen eighty nine. In September 20 00:01:25,760 --> 00:01:30,720 Speaker 1: of that year, Pennsylvania Senator William McLay lamented his colleague's 21 00:01:30,800 --> 00:01:34,800 Speaker 1: use of the strategy, writing that quote, the design of 22 00:01:34,840 --> 00:01:38,160 Speaker 1: the Virginians was to talk away the time so that 23 00:01:38,280 --> 00:01:42,560 Speaker 1: we could not get the bill passed. The practice of 24 00:01:42,680 --> 00:01:45,840 Speaker 1: talking a bill to death was used sparingly in the 25 00:01:45,840 --> 00:01:48,600 Speaker 1: first fifty years of the Senate, but by the mid 26 00:01:48,640 --> 00:01:51,720 Speaker 1: eighteen hundreds it was common enough to earn its own 27 00:01:51,720 --> 00:01:56,480 Speaker 1: colorful nickname, the filibuster. The term was derived from the 28 00:01:56,560 --> 00:02:01,280 Speaker 1: Dutch word for freebooter and the Spanish philibooseros, both of 29 00:02:01,320 --> 00:02:07,120 Speaker 1: which refer to lawless plunderers or pirates. The filibuster thrived 30 00:02:07,120 --> 00:02:09,919 Speaker 1: in the second half of the nineteenth century as more 31 00:02:09,960 --> 00:02:14,760 Speaker 1: and more senators discovered its partisan utility. Both sides of 32 00:02:14,800 --> 00:02:18,519 Speaker 1: the aisle used it to arbitrarily prolong debate and block 33 00:02:18,560 --> 00:02:22,960 Speaker 1: a vote on bills, resolutions, and amendments that their party opposed. 34 00:02:23,720 --> 00:02:27,080 Speaker 1: And while some senators objected to the use of filibusters 35 00:02:27,120 --> 00:02:31,520 Speaker 1: as counterproductive, others defended them as a natural outgrowth of 36 00:02:31,560 --> 00:02:34,840 Speaker 1: the Senate's open debate tradition and as a vital means 37 00:02:34,880 --> 00:02:39,880 Speaker 1: of curbing the power of political majorities. The filibusters' supporters 38 00:02:39,960 --> 00:02:43,799 Speaker 1: prevailed throughout the late nineteenth century and into the early twentieth, 39 00:02:44,200 --> 00:02:47,600 Speaker 1: but by the nineteen tens many senators were calling for 40 00:02:47,680 --> 00:02:51,720 Speaker 1: a new rule to curtail the practice. They argued that 41 00:02:51,760 --> 00:02:55,000 Speaker 1: the body was larger and busier than ever, and that 42 00:02:55,040 --> 00:02:59,840 Speaker 1: the disruptions caused by filibusters now threatened to derail its productivity. 43 00:03:01,000 --> 00:03:04,760 Speaker 1: The validity of that concern was borne out in nineteen seventeen, 44 00:03:05,080 --> 00:03:08,280 Speaker 1: at the tail end of the sixty fourth Congress. At 45 00:03:08,320 --> 00:03:11,280 Speaker 1: the time, the war in Europe was escalating thanks to 46 00:03:11,320 --> 00:03:15,840 Speaker 1: the newly unleashed threat of German U boats. President Woodrow 47 00:03:15,919 --> 00:03:18,720 Speaker 1: Wilson was still hoping to keep the US out of 48 00:03:18,720 --> 00:03:21,919 Speaker 1: the war, but he also recognized the need to protect 49 00:03:21,919 --> 00:03:26,519 Speaker 1: American ships carrying goods to Britain. With that in mind, 50 00:03:26,800 --> 00:03:30,480 Speaker 1: Wilson asked Congress for the authority to arm American merchant 51 00:03:30,520 --> 00:03:35,360 Speaker 1: ship against German attacks, a policy he called armed neutrality. 52 00:03:36,640 --> 00:03:40,040 Speaker 1: On March first, the House of Representatives passed the bill 53 00:03:40,120 --> 00:03:43,080 Speaker 1: Wilson had requested, but it was a different story in 54 00:03:43,160 --> 00:03:48,000 Speaker 1: the Senate. Many Republican senators were wary of any legislation 55 00:03:48,360 --> 00:03:51,160 Speaker 1: that might lead to the US joining the war, and 56 00:03:51,240 --> 00:03:54,200 Speaker 1: they viewed the arming of merchant ships as likely to 57 00:03:54,240 --> 00:03:57,440 Speaker 1: do just that, and so, with the end of the 58 00:03:57,440 --> 00:04:02,000 Speaker 1: congressional session fast approaching, a dozen senators staged a twenty 59 00:04:02,040 --> 00:04:06,800 Speaker 1: three day filibuster to run out the clock. Their effort succeeded, 60 00:04:06,960 --> 00:04:10,400 Speaker 1: and on March fourth, nineteen seventeen, the bill to arm 61 00:04:10,520 --> 00:04:14,760 Speaker 1: merchant ships and all the other appropriations tied to it died. 62 00:04:14,960 --> 00:04:20,320 Speaker 1: When the session expired. President Wilson was furious with the 63 00:04:20,360 --> 00:04:23,960 Speaker 1: outcome and released a blistering statement to make sure those 64 00:04:24,000 --> 00:04:28,839 Speaker 1: responsible knew it. The Senate of the United States, he wrote, 65 00:04:29,240 --> 00:04:32,720 Speaker 1: is the only legislative body in the world which cannot 66 00:04:32,880 --> 00:04:36,760 Speaker 1: act when its majority is ready for action. A little 67 00:04:36,800 --> 00:04:40,840 Speaker 1: group of willful men, representing no opinion but their own, 68 00:04:41,240 --> 00:04:44,880 Speaker 1: have rendered the great Government of the United States helpless 69 00:04:45,120 --> 00:04:50,080 Speaker 1: and contemptible. Wilson demanded that the Senate adopt a debate 70 00:04:50,240 --> 00:04:54,400 Speaker 1: limiting rule to prevent further obstruction during the wartime crisis, 71 00:04:54,760 --> 00:04:59,680 Speaker 1: and on March eighth, nineteen seventeen, the body obliged to 72 00:04:59,680 --> 00:05:03,400 Speaker 1: be though it wasn't the same Senate that had adjourned 73 00:05:03,480 --> 00:05:07,320 Speaker 1: four days earlier. The leaders of the new Senate, elected 74 00:05:07,320 --> 00:05:10,960 Speaker 1: the previous November but not yet sworn in, had signaled 75 00:05:11,000 --> 00:05:14,719 Speaker 1: their willingness to adopt such a rule, though, On March eighth, 76 00:05:14,960 --> 00:05:18,200 Speaker 1: a special session of the sixty fifth Congress was called, 77 00:05:18,560 --> 00:05:21,320 Speaker 1: and the new Senate leaders proved true to their word. 78 00:05:22,680 --> 00:05:26,840 Speaker 1: The cloture rule they passed, also known as Rule twenty two, 79 00:05:26,880 --> 00:05:30,400 Speaker 1: allowed a two thirds majority to shut down a filibuster 80 00:05:30,760 --> 00:05:33,559 Speaker 1: and permitted each member to speak for an extra hour 81 00:05:33,680 --> 00:05:36,640 Speaker 1: after that before bringing the measure in question to a 82 00:05:36,680 --> 00:05:41,200 Speaker 1: final vote. In the end, President Wilson decided not to 83 00:05:41,320 --> 00:05:45,240 Speaker 1: risk another congressional setback and instead made the bold move 84 00:05:45,400 --> 00:05:50,320 Speaker 1: to arm American merchant ships by executive order. As a result, 85 00:05:50,560 --> 00:05:54,520 Speaker 1: the rule of cloture wasn't used until nineteen nineteen, when 86 00:05:54,520 --> 00:05:57,479 Speaker 1: it was invoked to end a filibuster against the Treaty 87 00:05:57,480 --> 00:06:01,760 Speaker 1: of Versailles. Over the next next four decades, the Senate 88 00:06:01,800 --> 00:06:06,080 Speaker 1: would resort to cloture on only four more occasions. Many 89 00:06:06,160 --> 00:06:09,159 Speaker 1: Senators would have surely liked to use it more, but 90 00:06:09,400 --> 00:06:11,920 Speaker 1: since a two thirds majority was hard to come by, 91 00:06:12,320 --> 00:06:17,640 Speaker 1: filibusters remained an effective tool for blocking legislation. The rule 92 00:06:17,760 --> 00:06:21,280 Speaker 1: was eventually modified in nineteen seventy five to lower the 93 00:06:21,320 --> 00:06:25,000 Speaker 1: threshold required for cloture, changing it from a two third 94 00:06:25,120 --> 00:06:30,120 Speaker 1: supermajority to a three fifths simple majority. That means that 95 00:06:30,360 --> 00:06:33,880 Speaker 1: of the current one hundred sitting senators, sixty would be 96 00:06:33,960 --> 00:06:37,400 Speaker 1: required in order to break a filibuster, assuming there's no 97 00:06:37,480 --> 00:06:42,880 Speaker 1: more than one vacancy. In today's deeply polarized climate, getting 98 00:06:42,960 --> 00:06:46,559 Speaker 1: sixty senators to agree on anything is a tall order. 99 00:06:47,040 --> 00:06:50,440 Speaker 1: So while filibusters remain a part of Senate practice, the 100 00:06:50,480 --> 00:06:53,919 Speaker 1: debate over whether they should be abolished still rages on, 101 00:06:54,640 --> 00:06:58,120 Speaker 1: just as it did when the practice first began, yet 102 00:06:58,120 --> 00:07:02,720 Speaker 1: another reminder that an American politics, some things never change, 103 00:07:03,279 --> 00:07:10,960 Speaker 1: even the ones that probably should. I'm Gabeluesia and hopefully 104 00:07:11,280 --> 00:07:14,320 Speaker 1: you now know a little more about history today than 105 00:07:14,320 --> 00:07:18,840 Speaker 1: you did yesterday. Consider keeping up with the show on Twitter, Facebook, 106 00:07:18,920 --> 00:07:23,320 Speaker 1: and Instagram, where you can find us at TDI HC Show. 107 00:07:23,920 --> 00:07:26,840 Speaker 1: You can also rate and review the show on Apple Podcasts, 108 00:07:27,320 --> 00:07:29,840 Speaker 1: or you can get in touch directly by writing to 109 00:07:29,920 --> 00:07:34,400 Speaker 1: This Day at iHeartMedia dot com. Before we go, I 110 00:07:34,440 --> 00:07:37,120 Speaker 1: want to say a special thanks to Chandler Mays for 111 00:07:37,240 --> 00:07:40,800 Speaker 1: being the patient, long suffering producer of this show through 112 00:07:40,880 --> 00:07:44,880 Speaker 1: three different hosts. He's moving on to other projects now, 113 00:07:45,040 --> 00:07:47,240 Speaker 1: so I hope you'll join me and wishing him luck 114 00:07:47,360 --> 00:07:51,600 Speaker 1: in all his future efforts. Thanks for everything, Chandler, and 115 00:07:51,680 --> 00:07:54,680 Speaker 1: on that note, I also want to welcome our new producer, 116 00:07:54,920 --> 00:07:58,520 Speaker 1: cas B. Bias. Thanks to her for producing the show. 117 00:07:58,920 --> 00:08:02,040 Speaker 1: Thanks to you for I'll see you back here again 118 00:08:02,160 --> 00:08:05,000 Speaker 1: soon for another day in history class.