Traditionally, the filibuster was used to prevent legislation from proceeding to a vote in the Senate. Strom Thurmond famously spoke for more than 24 hours in an effort to prevent passage of the Civil Rights Act of 1957. The point is that the Senate allows debate to continue until everyone has had their say, even if it happens to be reading the phone directory into the Senate record. In order to end debate, the Senate must assemble 60 votes. What we have today is autopilot filibusters. No one debates the bill. No one puts in the time to speak ad nauseum to prevent a vote. Nope, the minority party just says filibuster and voila, no vote without 60 votes.
The filibuster is a rule the Senate adopted that has no basis in the Constitution. It could be eliminated, if the majority party so chose. It has seen a lot of modification over the years, being nixed for judicial nominations, including Supreme Court nominees. If no one is willing to carry on the debate, then it should just be a matter of calling for the vote. The filibustering party should be required to talk the issue to death, which takes really commitment.
Debate or vote.
