Filibusters
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The term "filibuster" was first used in 1851. It was derived from the Spanish filibustero, which translates as "pirate" or "freebooter." This term had evolved from the French word flibustier, which itself evolved from the Dutch vrijbuiter (freebooter). This term was applied at the time to American adventurers, mostly from Southern states, who sought to overthrow the governments of Central American states. Later the term was applied to the users of the filibuster, which was viewed as a tactic for pirating or hijacking debate.
One of the first known practitioners of the filibuster was the Roman senator Cato the Younger. In debates over legislation he especially opposed, Cato would often obstruct the measure by speaking continuously until nightfall. As the Roman Senate had a rule requiring all business to conclude by dusk, Cato's purposefully long-winded speeches were an effective device to forestall a vote.
Cato attempted to use the filibuster at least twice to frustrate the political objectives of Julius Caesar. The first incident occurred during the summer of 60 B.C., when Caesar was returning home from his propraetorship in Hispania Ulterior. Caesar, by virtue of his military victories over the raiders and bandits in Hispania, had been awarded a triumph by the Senate. Having recently turned 40, Caesar had also become eligible to stand for consul. This posed a dilemma. Roman generals honored with a triumph were not allowed to enter the city prior to the ceremony, but candidates for the consulship were required, by law, to appear in person at the Forum. The date of the election, which had already been set, made it impossible for Caesar to stand unless he crossed the pomerium and gave up the right to his triumph. Caesar petitioned the Senate to stand in absentia, but Cato employed a filibuster to block the proposal. Faced with a choice between a triumph and the consulship, Caesar chose the consulship and entered the city.
Cato made use of the filibuster again in 59 BC in response to a land reform bill sponsored by Caesar, who was then consul. When it was Cato's time to speak during the debate, he began one of his characteristically long-winded speeches. Caesar, who needed to pass the bill before his co-consul, Marcus Calpurnius Bibulus, took possession of the fasces at the end of the month, immediately recognized Cato's intent and ordered the lictors to jail him for the rest of the day. The move was unpopular with many senators and Caesar, realizing his mistake, soon ordered Cato's release. The day was wasted without the Senate ever getting to vote on a motion supporting the bill, but Caesar eventually circumvented Cato's opposition by taking the measure to the Tribal Assembly, where it passed.
In the Parliament of the United Kingdom, a bill defeated by a filibustering manoeuvre may be said to have been "talked out." The procedures of the House of Commons require that members cover only points germane to the topic under consideration or the debate underway whilst speaking. Example filibusters in the Commons include:
The all-time Commons record for non-stop speaking, six hours, was set by Henry Brougham in 1828, though this was not a filibuster. The 21st-Century record was set on December 2, 2005 by Andrew Dismore, Labour MP for Hendon. Dismore spoke for three hours and 17 minutes to block a Conservative Private Member's Bill, the Criminal Law (Amendment) (Protection of Property) Bill, which he claimed amounted to "vigilante law." Although Dismore is credited with speaking for 197 minutes, he regularly accepted interventions from other MPs who wished to comment on points made in his speech. Taking multiple interventions artificially inflates the duration of a speech, and is seen by many as a tactic to prolong a speech.
Both houses of the Australian parliament have strictly enforced rules on how long members may speak, so filibusters are generally not possible there.
In 2009, several parties in New Zealand staged a filibuster of the Local Government (Auckland Reorganisation) Bill in opposition to the government setting up a new Auckland Council under urgency and without debate or review by select committee, by proposing thousands of amendments and voting in Māori as each amendment had to be voted on and votes in Māori translated in to English. Amendments included renaming the council to "Auckland Katchafire Council" or "Rodney Hide Memorial Council" and replacing the phrase powers of a regional council with power and muscle. These tactics were borrowed from the filibuster undertaken by National and ACT in August 2000 for the Employment Relations Bill.
Most attempts at stalling legislation are usually just for show and last a relatively short period of time. But in 1997, the opposition parties in Ontario tried to prevent Bill 103 from taking effect, setting in motion one of the longest filibustering sessions Canada had ever seen.
A unique form of filibuster was pioneered by the Ontario New Democratic Party in the Legislative Assembly of Ontario in April of that year. To protest Progressive Conservative government legislation that would amalgamate Metro Toronto into the city of Toronto, the small New Democratic caucus introduced 11,500 amendments to the megacity bill, created on computers with mail merge functionality. Each amendment would name a street in the proposed city, and provide that public hearings be held into the megacity with residents of the street invited to participate. The Ontario Liberal Party also joined the filibuster with a smaller series of amendments; a typical Liberal amendment would give a historical designation to a named street. The NDP then added another series of over 700 amendments, each proposing a different date for the bill to come into force.
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