Filibuster might be a sandwich, but more likely its a ‘stalling tactic’ used by the minority party in the Senate (currently the Republicans) to prevent legislation from passing through the Senate.

The big number is 60

With 60 votes you can invoke cloture – and end a filibuster. Because of the filibuster 60 votes (rather than a simple majority) are needed in the Senate in order to get any controversial legislation passed.

If you don’t have 60 votes and your legislation is controversial – you might as well go home.

The filibuster is not mentioned in the United States Constitution, but it is a long running tradition in the Senate. It gives the minority party a significant source of power, despite its minority status. The question is, however, should the minority party be able to wield this kind of power? More people did, in fact, vote for the other party.

Currently, the Democrats (along with the two Independents who caucus with them) have 57 58 votes with races in Alaska, Georgia and Minnesota still undecided after November 4th. This COULD lead to 60 Democrats and 40 Republicans. It’s doubtful that the Democrats will be this fortunate, however.

Update: Alaska’s seat has been called for the Democrat, Mark Begich. He upset incumbent Republican Ted Stevens

Even though the Democrats may not get 60 seats needed for a supermajority – the Republicans still won’t filibuster quite like they (and Democrats) used to.

Here’s an article that argues why!

Let’s count the actual votes on the Republican side of the aisle, asking which senators would have both the inclination and the will to join a filibuster. Every issue calls forth different levels of resistance, of course, but in each instance the opposition would need at least 41 total. In the very worst case, should the Republicans pick up all the remaining seats, they will begin with [44].

This means that the Democrats only have to pull three Republicans away from their party in order to prevent a filibuster. Only three. In a body where loyalty is rewarded, but not demanded, and in a political climate leaning left, this may not be very difficult.

In fact, the Democrats haven’t had 60 votes in the Senate since 1977 and the Republicans (if I do my math correctly) haven’t had a filibuster proof majority since 1923. Back then Robert Byrd (D-WV) was only five years old!

Does the Democratic supermajority concern you? After January 20th, the Democrats will control the White House and both Houses of Congress. Is it possible that this is just simply too much power for one party to handle?

Update: Politico mulls the idea of a Democratic supermajority