What's Happening?
In 2025, the Senate filibuster, a long-standing legislative procedure requiring a 60-vote threshold to pass most legislation, is under scrutiny. Republican Senators Roger Marshall of Kansas and Markwayne Mullin of Oklahoma have expressed openness to reconsidering
their stance on the filibuster, particularly in light of recent government shutdowns and the potential for another in January. This shift in perspective is partly influenced by President Trump's extensive use of executive orders during his second term, which has seen 221 orders in 11 months, surpassing the 162 issued by President Joe Biden over four years. These orders have enabled significant policy changes without congressional approval, including immigration overhauls, global tariffs, and military posturing against Venezuela. The filibuster, traditionally seen as a check on narrow partisan majorities, is now perceived by some as a hindrance to legislative action, inadvertently empowering the executive branch.
Why It's Important?
The debate over the filibuster is crucial as it highlights the balance of power between the legislative and executive branches. The current situation, where the executive branch can enact significant policy changes without congressional input, raises concerns about the erosion of legislative authority. If the filibuster is reformed or abolished, it could restore some of Congress's legislative power, allowing for more comprehensive debate and decision-making on critical issues. However, this could also lead to rapid policy shifts depending on which party controls Congress, potentially destabilizing long-term governance. The discussion reflects broader concerns about the concentration of power in the presidency and the need for a more balanced governmental structure.
What's Next?
As discussions continue, the potential reform or abolition of the filibuster could lead to significant changes in how Congress operates. If the filibuster is removed, it may become easier for the legislative branch to pass laws, potentially reducing the reliance on executive orders. This could lead to a more active and engaged Congress, with increased accountability for legislative decisions. However, the removal of the filibuster could also result in more partisan legislation, as the majority party would have fewer obstacles to enacting its agenda. The outcome of these discussions will likely influence the legislative landscape and the balance of power in the U.S. government.
Beyond the Headlines
The filibuster debate also touches on deeper issues of democratic governance and the separation of powers. The current system, which allows for simple majorities in executive appointments but requires supermajorities for legislation, favors executive-led governance. This imbalance could lead to increased partisanship and reduced legislative oversight. Reforming the filibuster could help restore some of Congress's importance, ensuring that significant policy decisions are made through a representative process. Additionally, the discussion around the filibuster may prompt broader conversations about other legislative procedures, such as the blue slip tradition, which allows senators to block presidential nominees in their states.
