PolicyBrief
H.J.RES. 4
119th CongressJan 3rd 2025
Proposing an amendment to the Constitution of the United States to provide that debate upon legislation pending before the Senate may not be brought to a close without the concurrence of a minimum of three-fifths of the Senators.
IN COMMITTEE

This bill proposes a constitutional amendment to change the Senate's debate rules. It would require a three-fifths majority of Senators to end debate on most legislation.

Brian Fitzpatrick
R

Brian Fitzpatrick

Representative

PA-1

LEGISLATION

Senate Power Grab: New Rule Could Make It Nearly Impossible to Pass Laws

This proposed constitutional amendment wants to change the rules of the game in the Senate, making it way harder to pass, well, anything. Right now, it generally takes a simple majority to move legislation forward. This bill, however, would require a three-fifths supermajority – that's 60 out of 100 Senators – to even end debate on a bill and bring it to a vote. The one exception? Presidential nominations. Those still get the fast track.

Rewriting the Rules

The core change here is all about how the Senate ends debates, a process called "cloture." Currently, Senate rules (as of January 3, 2025) or a unanimous agreement can end debate. This amendment throws those rules out the window for most legislation. Now, unless 60 Senators agree, debate can theoretically go on forever. This can impact everything from approving budgets to establishing environmental regulations.

Real-World Gridlock

Imagine a small business owner waiting on a crucial tax credit renewal, or a construction worker counting on infrastructure funding that's tied up in a bill. If a minority of Senators – just 41 out of 100 – decide to block a bill, they can essentially hold it hostage. This isn't just theoretical; it means delays, uncertainty, and potentially, the death of bills that have majority support but not supermajority support.

The Nomination Exception

It's worth noting the carve-out for Presidential nominations. While getting laws passed could become a legislative minefield, confirming judges and other key appointments would still operate under the existing, simpler rules. This creates a situation where it could be easier to fill a Supreme Court seat than to pass a bill affecting, say, national healthcare standards or small business loans.

Challenges Down the Road

One of the biggest challenges is the potential for increased gridlock. By raising the bar to end debate, this amendment could make the Senate even less responsive to the needs of everyday people. It also sets a different standard for confirming Presidential appointments compared to passing laws, which could lead to further imbalances in how the government functions.