Debates in Congress are aimed at winning votes from other members, swaying public opinion, forcing the opposition into politically embarrassing positions, and establishing a record of legislative intentions. Under the “speech and debate” clause of the Constitution (Article 1, Section 6), any member can speak on any issue in Congress without fear of being prosecuted for libel or slander (that is, defaming someone else's character).
Beginning in the 1840s, the growing size of the House caused representatives to adopt rules that limited debate. Under House rules, no member can hold the floor for more than an hour. During some debates members are allowed only five minutes to speak. Often the House considers a bill under a “suspension of the rules,” which limits the entire debate on a bill, by both sides, to 40 minutes. By contrast, the Senate, which is smaller, has retained unlimited debate, allowing members to speak as long as they feel necessary on any issue. However, when senators filibuster, or speak excessively in order to block passage of a bill, a vote of three-fifths of the Senate can enact cloture, which cuts off debate and forces a vote.
Many observers have questioned whether speeches really change any votes. In 1806, Senator William Plumer (Federalist-New Hampshire) commented, “I have for some time been convinced that speeches in the Senate in most cases have very little influence upon the vote.” And in 1820, former President Thomas Jefferson complained, “If the present Congress err in too much talking, how can it be otherwise, in a body to which the people send 150 lawyers, whose trade is to question everything, yield nothing, and talk by the hour?”
See also Decorum, congressional; Filibuster; Oratory, congressional
