	Brief History of the Cloture Rule

Proposals to limit Senate debate are as old as the Senate itself. The most important debate-limiting procedure enacted was the adoption in 1917 of the "cloture rule," codified in paragraph 2 of Senate Rule XXII. Under the current version of this rule, a process for ending debate on a given measure or matter may be set in motion following a super-majority vote of the Senate. Proposed Changes to Cloture Procedure

Concern by some Senators over an inability to halt debate and obtain a confirmation vote on several pending judicial nominations led to a renewed interest in the 108 th Congress and the 109 th Congress in amending the Senate cloture rule. Senator Walter F. Mondale observed, " ... the Rule XXII experience was significant because for the first time in history, a Vice President and a clear majority of the Senate established that the Senate may, at the beginning of a new Congress and unencumbered by the rules of previous Senates, adopt its own rules by majority vote as a constitutional right. His resolution ( S.Res. Under S.Res. Miller Proposals

Two other proposals to amend the cloture rule were introduced in the 108 th Congress by Senator Zell Miller. 138 , except where the Frist resolution would have applied only to presidential nominations, Senator Miller's proposal to have a gradually declining threshold for invoking cloture would have applied to all Senate business except changes to the Senate's standing rules. Before the cloture rule was enacted in 1917, it was not possible to stop debate without achieving unanimous consent. This would presumably also apply to amendments to the Senate's standing orders.
Paragraph 2 of Senate Rule XXII, also known as the "cloture rule," was adopted in 1917. It established a procedure, amended several times over the intervening years, by which the Senate may limit debate and act on a pending measure or matter. Aside from unanimous consent agreements, cloture is the only way the Senate can limit debate.
Recently, concern by some Senators over an inability to halt consideration and obtain a confirmation vote on several pending judicial nominations has led to a renewed interest in amending the Senate cloture rule. One option, called the "nuclear option" by some and the "constitutional" option by others, would seek to use a ruling by the presiding officer or a majority vote of the chamber to end debate outside of the terms of Rule XXII. It is possible that this option may be attempted in the 109th Congress.
Several measures were introduced in the 108th Congress to amend the cloture rule. S.Res. 138, which was introduced by Senate Majority Leader Bill Frist would have established a diminishing threshold for invoking cloture on presidential nominations that were subject to Senate approval. S.Res. 85, which was introduced by Senator Zell Miller, would have applied the same idea to all Senate business, with the exception of amendments to the Senate's standing rules. A third proposal, S.Res. 249, also authored by Senator Miller, called for the elimination of the cloture rule altogether.
This report provides a brief history of the Senate cloture rule, outlines past and present proposals to amend it, and presents arguments both in support of, and in opposition to, the Senate's tradition of unlimited debate.
This report will be updated as events warrant.