Filibuster/Cloture
- Senator Mondale is one of several cosponsors of Senate Resolution 8, which would amend Rule XXII, by providing for cloture by a majority vote; Senate Resolution 6 had just been introduced by Senator Anderson (D-NM), which would amend Rule XXII by providing for cloture by a three-fifths vote. 89th Cong., 1st sess., Congressional Record 111 (January 6, 1965): 178-179.
- Senator McGovern (D-SD), with Senator Morton (R-KY), introduces Senate Resolution 6, amending Rule XXII by providing for cloture by a three-fifths vote of those present and voting. 90th Cong., 1st sess., Congressional Record 113 (January 11, 1967): 180-184, 194.
- Senator Mondale is a cosponsor of Senate Resolution 7, amending Rule XXII by providing cloture by a majority vote. 90th Cong., 1st sess., Congressional Record 113 (January 11, 1967): 194.
- Debate on whether to consider Senate Resolution 6, amending Rule XXII by providing for cloture by a three-fifths vote of those present and voting. 90th Cong., 1st sess., Congressional Record 113 (January 12, 1967): 383-395.
- Further debate on whether to consider Senate Resolution 6. 90th Cong., 1st sess., Congressional Record 113 (January 17, 1967): 648-659.
- Further debate on whether to consider Senate Resolution 6. 90th Cong., 1st sess., Congressional Record 113 (January 18, 1967): 908-940.
- A cloture motion is introduced for Senate Resolution 6. 90th Cong., 1st sess., Congressional Record 113 (January 19, 1967): 1011-1018.
- Further debate on whether to consider Senate Resolution 6. 90th Cong., 1st sess., Congressional Record 113 (January 23, 1967): 1278-1284.
- Further debate on whether to consider Senate Resolution 6; Senator Mansfield (D-MT) expresses his support for the resolution; the motion for cloture is rejected 53-46; Senator Mansfield moves to adjourn the Senate which would automatically dispose of the motion to proceed to the consideration of Senate Resolution 6; he views another cloture motion as futile based on the number of senators opposed to cloture. Senate Resolution 6 fails to pass. 90th Cong., 1st sess., Congressional Record 113 (January 24, 1967): 1331-1337.
- Senator Mondale is one of 37 Senators to cosponsor Senate Resolution 11, introduced by Senators Church (D-ID) and Pearson (R-KS), amending Rule XXII by providing for cloture by a three-fifths vote of those present and voting. 91st Cong., 1st sess., Congressional Record 115 (January 9, 1969): 357-359.
- Senator Church (D-ID) argues for changing Rule XXII and the right of each Congress, by majority vote, to set its own rules; he states that this is the eighth attempt in 16 years to change the filibuster rule; Senator Holland (D-FL) provides the primary opposition in the debate. 91st Cong., 1st sess., Congressional Record 115 (January 10, 1969): 418-425.
- Further debate on the motion to proceed to the consideration of Senate Resolution 11, amending Rule XXII by providing for cloture by a three-fifths vote of those present and voting; Senator Fannin (R-AZ) provides a detailed history of Rule XXII. 91st Cong., 1st sess., Congressional Record 115 (January 13, 1969): 522-528.
- Senator Mondale addresses the argument for changing the cloture rule (Rule XXII): "The effort to end the filibuster takes on an 'Alice in Wonderland' quality, as the majority's desire to change the rule is thwarted by the rule itself." He ends his comments by declaring, "I accept the principle that three-fifths of the Senate or even a simple majority should be allowed, at some point, to bring an issue to a vote." 91st Cong., 1st sess., Congressional Record 115 (January 14, 1969): 585.
- Senator Church (D-ID) motions to bring to a close the debate on the motion to proceed to consider Senate Resolution 11; Vice President Humphrey oversees the debate and makes a controversial ruling that ignores section 2 of Rule XXII, allowing cloture to be invoked with less than two-thirds vote; many senators object to this. 91st Cong., 1st sess., Congressional Record 115 (January 14, 1969): 592-608.
- Further debate on the motion to proceed to the consideration of Senate Resolution 11, amending Rule XXII by providing for cloture by a three-fifths vote of those present and voting; discussion of Vice President Humphrey's ruling. 91st Cong., 1st sess., Congressional Record 115 (January 15, 1969): 915-930.
- Senator Holland (D-FL) argues against Vice President Humphrey's ruling; cloture is invoked on the motion to proceed to the consideration of Senate Resolution 11 with 51 yeas and 47 nays; Senator Holland appeals the ruling by Vice President Humphrey; the Senate votes to override Vice President Humphrey's ruling and cloture is not invoked. 91st Cong., 1st sess., Congressional Record 115 (January 15, 1969): 989-995.
- Senators Stennis (D-MS), Long (D-LA), Holland (D-FL) and Thurmond (R-SC) argue in opposition to Senate Resolution 11. 91st Cong., 1st sess., Congressional Record 115 (January 21, 1969): 1343-1348, 1368-1372.
- Further debate on the motion to proceed to the consideration of Senate Resolution 11. 91st Cong., 1st sess., Congressional Record 115 (January 24, 1969): 1801-1805.
- Senator Mansfield (D-MT) argues in favor of Senate Resolution 11; Senators Talmadge (D-GA) and Cotton (R-NH) argue against the resolution. 91st Cong., 1st sess., Congressional Record 115 (January 27, 1969): 1866-1869, 1875-1881.
- Further debate on the motion to proceed to the consideration of Senate Resolution 11; the senate fails to vote for cloture. Senate Resolution 11 fails to pass. 91st Cong., 1st sess., Congressional Record 115 (January 28, 1969): 1931-1938.
- Senators Church (D-ID) and Pearson (R-KS) introduce Senate Resolution 9, amending Rule XXII by providing for cloture by a three-fifths vote of those present and voting. 92nd Cong., 1st sess., Congressional Record 117 (January 25, 1971): 368-369.
- Senator Mondale is added as a cosponsor to Senate Resolution 9, amending Rule XXII by providing for cloture by a three-fifths vote of those present and voting. 92nd Cong., 1st sess., Congressional Record 117 (January 26, 1971): 570.
- Senator Miller (R-IA) introduces Senate Resolution 14, amending Senate Resolution 9 by providing for three-fifths of the Senators present and voting and also by a majority of the senators from the two major political parties present and voting; the amending is ordered to lay on the table. 92nd Cong., 1st sess., Congressional Record 117 (January 27, 1971): 746.
- Senator Church (D-ID) announces his intent to invoke cloture on the motion to proceed to consideration of Senate Resolution 9 on February 18. 92nd Cong., 1st sess., Congressional Record 117 (February 5, 1971): 1902.
- Senators Allen (D-AL) and McClellan (D-AR) give lengthy speeches against Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (February 5, 1971): 1915-1923.
- Senator Robert Byrd (D-WV) argues against Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (February 10, 1971): 2523-2525.
- Senator Dole (R-KS) introduces Senate Resolution 50, amending Rule XXII, reducing by one the number of votes required to limit debate each time a cloture petition is voted upon. 92nd Cong., 1st sess., Congressional Record 117 (February 10, 1971): 2535-2536.
- After three weeks of debate on Senate Resolution 9, Senator Pearson (R-KS) files a cloture motion on the motion to proceed to consider the resolution. 92nd Cong., 1st sess., Congressional Record 117 (February 11, 1971): 2587.
- Debate on invoking cloture on the motion to proceed to consider Senate Resolution 9; Senator Pearson (R-KS) expresses his hope that the Senate will vote for cloture; Senators Byrd (D-WV) and Allen (D-AL) argue against the resolution and the cloture motion; the Senate fails to invoke cloture. 92nd Cong., 1st sess., Congressional Record 117 (February 18, 1971): 3005-3015.
- Senator Allen expresses approval of the failure of the cloture vote the day before. 92nd Cong., 1st sess., Congressional Record 117 (February 19, 1971): 3282.
- Senator Hansen (R-WY) argues against Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (February 19, 1971): 3323-3333.
- Debate on invoking cloture on the motion to proceed to consider Senate Resolution 9; Senator Church argues that the reason for the prolonged discussion of Senate Resolution 9 is not to "enlighten or instruct," but rather to prevent a vote and urges the Senate to support the resolution; Senator Byrd (D-WV) argues against the resolution; the vote for cloture fails; Senator McClellan (D-AR) continues his remarks from February 5 opposing a change in Rule XXII. 92nd Cong., 1st sess., Congressional Record 117 (February 23, 1971): 3618-3628.
- Senator Church (D-ID) files a third motion for cloture on the motion to proceed to consider Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (February 26, 1971): 4108.
- Arguments against Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (February 26, 1971): 4130-4138.
- Senator Ribicoff urges fellow senators to impose cloture on and support Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (March 1, 1971): 4432-4433.
- Debate on Senate Resolution 9; the third vote for cloture fails; Senator Church (D-ID) laments the poor attendance in the Senate; Senator Church acknowledges Senator Miller's (R-IA) amendment to Senate Resolution 9 and argues that it would give the minority party "inordinately severe veto power." 92nd Cong., 1st sess., Congressional Record 117 (March 2, 1971): 4560-4569.
- Senator Long (D-LA) argues against Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (March 2, 1971): 4571-4576.
- Senator Byrd (D-WV) argues against Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (March 3, 1971): 4842-4848.
- Senator Thurmond (R-SC) argues against Senate Resolution 9 using dilatory tactics such as giving long definitions of the words "filibuster" and "Senate" and giving a lengthy explanation of the history of filibusters. 92nd Cong., 1st sess., Congressional Record 117 (March 4, 1971): 5101-5108.
- Senator Javits (R-NY) argues in favor of Senate Resolution 9, pointing out that most of the arguments heard on the floor of the Senate were those opposing the resolution. 92nd Cong., 1st sess., Congressional Record 117 (March 4, 1971): 5114-5116.
- Senator Mondale is one of 41 senators who favor a cloture vote on the motion to proceed to consider Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (March 5, 1971): 5227.
- Senator Fulbright (D-AR) argues against Senate Resolution 9. 92nd Cong., 1st sess., Congressional Record 117 (March 5, 1971): 5257-5261.
- Final debate on Senate Resolution 9; fourth cloture vote on the motion to proceed to consider the resolution fails. Senate Resolution 9 fails to pass and is indefinitely postponed. 92nd Cong., 1st sess., Congressional Record 117 (March 9, 1971): 5479-5488.
- Senator Mondale explains why he believes a change in the rules is needed for a cloture vote. 92nd Cong., 1st sess., Congressional Record 117 (September 29, 1971): 33886-33891.
- Senator Mondale submits Senate Resolution 4 to amend Rule XXII "so as to reduce from two-thirds to three-fifths of the number of Senators present and voting required to limit debate under Rule XXII." 94th Cong., 1st sess., Congressional Record 121 (January 14, 1975): 12-13.
- Senator Pearson (R-KS), a cosponsor of Senate Resolution 4 with Senator Mondale, begins the discussion of the resolution, which proposes to amend Rule XXII, to provide that cloture may be invoked on an affirmative vote of three-fifths rather than two-thirds of Senators present and voting; Senator Mondale says, "I suggest to my colleagues in the Senate that we may take no more important action during the 94th Congress than the steps we are now taking to reform Rule XXII of the Standing Rules;" Senator Mondale argues that the Senate has the constitutional right to determine its rules by a majority vote at the beginning of each Congress. 94th Cong., 1st sess., Congressional Record 121 (January 17, 1975): 755-776. (Mondale at 756)
- Senator Mondale moves to consider Senate Resolution 4, receiving much opposition from Senator Allen (D-AL); Senator Allen (D-AL) refuses to yield to Senator Mondale or Senator Kennedy (D-MA) and gives a lengthy speech against Senate Resolution 4. Much of the argument addresses whether the Senate is a continuing body and can or cannot change its rules at the beginning of every new Congress. 94th Cong., 1st sess., Congressional Record 121 (January 21, 1975): 932-943, 948-951.
- Senator Pearson (R-KS) requests the Senate to consider Senate Resolution 4; Senator Kennedy (D-MA) gives a speech in support of the resolution and submits a table showing that half the cloture votes since 1917 have taken place in the last five years. 94th Cong., 1st sess., Congressional Record 121 (January 23, 1975): 1146 -1156. (Senator Mondale does not take part in this debate)
- Senator Allen (D-AL) is frustrated that there has been no action on Senate Resolution 4 and asks Senator Byrd (D-WV) when this might happen. Senator Byrd responds "The distinguished Senator from Alabama is a very tenacious Senator and he is addressing this question to a similarly tenacious Senator who does not have any answer beyond what he has already stated. If I had anything further, I would willingly impart it." 94th Cong., 1st sess., Congressional Record 121 (January 30, 1975): 1908.
- Senator Byrd (D-WV) requests that no action be taken on Senate Resolution 4 before February 20, 1975; in response to Senator Allen's (D-AL) remark that Mondale wants to wait until after this date because he expects "a heavy majority vote" from Senators returning from a NATO conference, Senator Mondale says, "It is my opinion that we will get a heavy majority of all reasonable Senators." 94th Cong., 1st sess., Congressional Record 121 (February 3, 1975): 2016.
- Senator Mondale begins debate on Senate Resolution 4, drawing attention to why he thinks it should be passed: "I think the circumstances in which we now find ourselves show how absurd the present two-thirds rule is, in paralyzing, frustrating, and delaying the deliberations of the Senate on essential matters bearing upon national needs. Just the question of the consideration of a change in the rules and making that the pending business has taken from January 14 until February 19. Although it may seem strange to my colleagues, what we are trying to do today is not to adopt Rule XXII, not to consider the merits of Rule XXII, but one month after it was introduced, we are still trying to get it raised as the pending business of the Senate." 94th Cong., 1st sess., Congressional Record 121 (February 20, 1975): 3766.
- Further debate on Senate Resolution 4; Senator Mondale states, "I would remind Senators that we are not dealing with the merits of Rule XXII today. We are, after a month of filibuster, simply trying to get it before the Senate as the pending business." Senator Mondale assures his colleagues that "in no sense are the proponents of Senate Resolution 4 seeking to impose majority cloture on the Senate...." but that "what is at stake here is whether, under the Constitution of the United States, the Senate has the authority, by a majority vote, to establish its own rules at the beginning of a session, uninhibited by rules of previous Congresses." 94th Cong., 1st sess., Congressional Record 121 (February 20, 1975): 3835-3863. (Mondale at 3839)
- Senator Allen (D-AL) explains the parliamentary situation the Senate may expect to have later on that day. 94th Cong., 1st sess., Congressional Record 121 (February 20, 1975): 3763-3764.
- Extended debate on whether to consider Senate Resolution 4 with many dilatory tactics used by Senator Allen (D-AL). In his book The Good Fight, Mr. Mondale describes this as "the most chaotic day I have ever seen on the Senate floor.... The procedural exchanges grew so dense that at one point we were voting on the following: a motion to table a motion to reconsider a vote to table an appeal of a ruling that a point of order was not in order against a motion to table another point of order against a motion to bring to a vote the motion to call up the resolution." (p. 128) 94th Cong., 1st sess., Congressional Record 121 (February 24, 1975): 4108-4126.
- Continued debate on the motion to consider Senate Resolution 4; Senator Allen (D-AL) claims that Senate Resolution 4 (to change Rule XXII, the cloture rule, from 2/3 vote to 3/5 to end a filibuster) "is going to make this great, so-called, greatest deliberative body in the world just a disorganized horde of individuals;" debate is paused for a congruent debate and vote for cloture on an issue dealing with railroads going bankrupt. 94th Cong., 1st sess., Congressional Record 121 (February 25, 1975): 4206-4227.
- Debate on Senate Resolution 4 is interspersed with debate on bailing out the Pennsylvania Railroad. 94th Cong., 1st sess., Congressional Record 121 (February 26, 1975): 4346-4354.
- Senator Allen (D-AL) introduces a motion to postpone consideration of Senator Mondale's Senate Resolution 4 for another month; the Senate supports Senator Mathias' (R-MD) motion to lay Senator Allen's motion on the table; Senator Mansfield (D-MT) then tries to stop debate on Senate Resolution 4 by claiming it is "out of order, insofar as it precludes debate, intervening motions, and amendments;" Senator Mansfield's motion is tabled; the idea of changing a cloture vote from two-thirds of those present and voting to three-fifths of the entire Senate, 60 members, is introduced by Senator Long (D-LA); there is a lengthy discussion over the rules of the Senate and the fact that Vice President Rockefeller ignored Senator Allen's parliamentary inquiry. 94th Cong., 1st sess., Congressional Record 121 (February 26, 1975): 4369-4377.
- Senator Bayh (D-IN) speaks in favor of Senate Resolution 4 and is critical of the opposition's complaints: "They insist that we are leading this body down a path of doom. They argue that we are not only ignoring minority rights, but we are establishing a precedent for future despots who will have the control of the Senate in their hands alone. Mr. President, given the operation of the Senate over the last few legislative days, I find this indeed an ironic statement. To quote from an excellent Washington Post editorial this morning: 'As Senator Allen has so amply shown this week, a single senator with a sure grasp of the rules has many weapons for delaying action and frustrating the majority.'" 94th Cong., 1st sess., Congressional Record 121 (February 26, 1975): 4476-4477.
- Senator Robert Byrd (D-WV) introduces a compromise to Senator Mondale's Senate Resolution 4 which states that three-fifths of the entire Senate can end a filibuster and any further change in the Senate rules would require a two-thirds cloture vote. 94th Cong., 1st sess., Congressional Record 121 (February 28, 1975): 4817-4820.
- Senator Hruska (R-NE) enters a motion to reconsider the vote by which Senator Mansfield's (D-MT) motion against Senator Mondale's motion was tabled; Senator Allen (D-AL) continues to argue against any form of compromise on Rule XII. 94th Cong., 1st sess., Congressional Record 121 (February 28, 1975): 4821-4822.
- The Senate agrees to reconsider the vote by which the Senate tabled the Mansfield point of order; the Senate rejects the motion to lay on the table the Mansfield point of order; Senator Byrd (D-WV) offers a cloture motion on the debate over Senate Resolution 4 citing the compromise of a "constitutional" three-fifths of the Senate needed to vote for cloture; Senator Allen (D-AL) continues with dilatory tactics; the Senate adjourns without voting. 94th Cong., 1st sess., Congressional Record 121 (March 3, 1975): 4972-4974.
- Senator Long (D-LA) is critical of the Vice President's behavior in a previous debate on Senate Resolution 4 when he put a motion to a vote before the Senate while Senator Allen (D-AL) was "on his feet shouting for recognition." 94th Cong., 1st sess., Congressional Record 121 (March 3, 1975): 4901-4902.
- From the minute the Senate convenes, Senator Allen (D-AL) attempts to delay debate on Senate Resolution 4; after failing, he moves to have the Senate consider the resolution immediately; his motion is tabled. 94th Cong., 1st sess., Congressional Record 121 (March 4, 1975): 4994-4997.
- Senator Allen (D-AL) gives his summary of the debate on Senate Resolution 4 thus far; he questions why Senators Mondale and Pearson had not been partaking in the recent debate; he tries to persuade his colleagues to "unite in this effort to ram cloture down our throats" the following day; Senator Robert Byrd (D-WV) offers an amendment to Senate Resolution 4. 94th Cong., 1st sess., Congressional Record 121 (March 4, 1975): 5080-5084.
- Further discussion on Senate Resolution 4; the Senate votes for cloture to bring the debate on the motion to proceed to the consideration of Senate Resolution 4; Senator Allen (D-AL) holds the floor for much of the debate; Senator Allen's motion to proceed to the consideration of Senate Resolution 4 is agreed to; Senator Robert Byrd (D-WV) offers Senate Resolution 93, a substitute amendment to Senate Resolution 4, stating that three-fifths of the entire Senate can end a filibuster, rather than three-fifths of those present and voting. 94th Cong., 1st sess., Congressional Record 121 (March 5, 1975): 5242-5262.
- Senator Allen (D-AL) gives a long speech against Senate Resolution 4 and is critical of Senator Mondale; after silence during the debates of the past few days, Senator Mondale summarizes the proceedings on Senate Resolution 4 thus far and says of Senator Allen's dilatory tactics: "I also hope that the International Parliamentary Union might review this record and, perhaps, shape a new medal, a new award of some kind, which would confer upon him some international award for the fertility of his mind, which I think is without any effective comparison in this body or in any other parliamentary body in the world—I doubt that any other member of any parliamentary body in the world today is creative enough to move that their journals recite, verbatim, the prayer of St. Francis of Assisi or the Lord's Prayer.... Coming from the family of a minister, where one of the first things we learned to do was recite those prayers, I was moved by the leadership of the Senator from Alabama. However, I was somewhat hurt that the 23d Psalm, which certainly deserves great recognition, was not included in his amendments. But, I am sure that was an oversight and that, if the occasion arises, the Senator from Alabama will strengthen his position by adding the 23d Psalm, perhaps to Rule XXII, as a reform measure." Senator Mondale proceeds to detail previous votes where the three-fifths change still would not have made a difference, establishing that the change, while significant and important in preventing unnecessary delays in legislation, is modest. 94th Cong., 1st sess., Congressional Record 121 (March 6, 1975): 5518-5532. (Mondale at 5526)
- Senator Helms (R-NC) submits four amendments to Senate Resolution 4, stating that the two-thirds rule should prevail for 15 calendar days after which three-fifths of those present and voting should be able to reach a vote. 94th Cong., 1st sess., Congressional Record 121 (March 6, 1975): 5491-5493.
- The Senate resumes its consideration of Senate Resolution 4; Senator Allen (D-AL) accuses Senators Mondale and Leahy (D-VT) of filibustering his proposed amendment the previous day and calls them "gag-rule Senators;" the Senate agrees to cloture, closing the debate on Senate Resolution 4; Senators opposed to the resolution offer up a number of amendments and use several dilatory tactics; Senator Byrd (D-WV) discovered that the opposition to the resolution planned on trying to delay a vote over the weekend and says, "it is obvious that this exercise in futility is getting nowhere fast. The die is cast. The Senate has made up its mind and, repeatedly, it has shown where it stands and where it will stand, I think, when this battle is over. The leadership wishes to alert Senators that the Senate will be in not only through the evening, but throughout the night, if necessary, to bring this matter to a close this weekend." Senate Resolution 4, as amended, is passed. 94th Cong., 1st sess., Congressional Record 121 (March 7, 1975): 5609-5652. (Mondale at 5633)
- Senator Mondale reviews the effect of the change in Rule XXII on the Senate. 94th Cong., 2nd sess., Congressional Record 122 (May 4, 1976): 12408-12410.
Speeches & Publications Submitted
- Senator Mondale submits an article from The New York Times discussing the cloture debate in the Senate. 94th Cong., 1st sess., Congressional Record 121 (February 24, 1975): 4058-4059.
- Senator Nelson (D-WI) commends Senator Mondale and Senator Pearson (R-KS) for their work on amending Rule XXII; he submits an article from the Minneapolis Star entitled "Mondale Fights the Good Fight." 94th Cong., 1st sess., Congressional Record 121 (March 17, 1975): 6954-6955.