Lobbying for Blocking Legislature: Filibuster

• Published in: Selçuk Üniversitesi Sosyal Bilimler Enstitüsü dergisi no. 21; pp. 157 - 169
• Main Author: Canoz, Kadir
• Format: Journal Article
• Language: Turkish
• Published: 01-01-2009
• Subjects: Filibuster; Law; Legislation; Legislative Bodies; Legislators; Lobbying; Regulation; Speeches; Voting Behavior
• ISSN: 1302-1796

Lobbying tries various tactics & methods to influence the legislature in accordance to a desired output. Among these numerous & different practices are providing information, drawing up reports, making speeches, making in-depth research, giving dinners, conferences, support with funding, making publicity for advocacy & to impede legislative processes by filibustering. The most different, most attention attracting & the one seen as a last stand by lobbyists is filibustering. Filibustering is defined as impeding the functioning of the legislature by occupying the rostrum with time consuming long speeches with the aim to prevent the passing through of a law & the senator who does this is named as "Filibusterer" or "Filibustier." To achieve obstruction, the Filibustier uses his right of speech in the legislature to make a never ending speech related or unrelated to the issue under discussion with the aim to extend the sessions beyond endurance & so trying to thwart the legislation unwanted by him/her. Attempts of this kind are relatively frequent used in Canada, France, the UK, & the USA while they are rarely to be seen in some European democracies as Norway, the Netherlands, & Sweden. Filibustering arises from the attempt of member(s) of the legislative body to delay & so impede the passing through of a particular opposed bill by making irrelevant long speeches that drag out the process. As "opposed to death" issues come into agenda, some opposing parliamentary members have been seen as actually blocking the going over to the voting process by climbing up the podium with meal boxes, fruit, dessert & water, prepared to speak for hours, even days. The theme of the speech is not supposed to be in any relation with the subject under discussion, it is said that Senators reciting Shakespeare or cake recipes of their wives were witnessed. Although not definitely & sufficiently documented, according to Binder & Smith, the historical roots of Filibustering go back to the Dutch word "Vrijbuiter," pronounced in early years in English as "flibutor," to be transformed with time into the English synonymous "Freebooter," both used for Pirate. During the XVII. century, these Freebooters consisted mainly of British, Dutch & French pirates which formed sometimes large groups called "Flibustiers" to plunder the then Spanish Colony of The West Indies. The transformation to "Filibuster" is documented in early as 1851. It was used for North American adventurers pursuing to overthrow particularly Latin American regimes. In the USA, Filibustering came into existence in 1806 when time limits for speeches of senators -- as different from speeches of the representatives -- have been removed. However, it remained only as a theoretical option until 1841, when it began to be used more frequently, causing disturbance which led to the formation of the opinion of filibustering as a regulation that obstructs legislation. But through the developing decades of democracy, the belief of its necessity came into demand again & from on the beginnings of the new century, the word has been used regularly as a revolting technique of opposition senators to hinder bills unwanted by them. Today, speaking in the Senate for filibustering is known as an obstructive act which doesn't need a diplomatic, very technical & noble language. Established rules in the U.S. Senate give a senator or a group of senators the right to speak freely on any issue chosen by them, until a 3/5 majority of the Senate demands to end the debate & go on with voting. This right is called the "filibuster right." This right which gives senators the right for speaking indefinitely on the basis of freedom of speech can serve the purpose to predict & prevent a law that has incomplete, negative & deficient sides. With time, filibustering has changed & gone beyond an act done solely by speaking, which one of them is "procedural filibustering." Practiced more by parliamentarians belonging to the opposition, filibustering is not an unlimited right. [Abstract shortened by ProQuest.]. Adapted from the source document.