What is a Filibuster?
If we use the confirmation of Chuck Hagel as an example, there will come a time when Majority Leader Harry Reid will try to negotiate a unanimous consent agreement with Minority Leader Mitch McConnell to bring Hagel's confirmation up for a debate. The agreement will include limits on the amount of time allowed for debate, which will be evenly split between the two parties.
However, if there are any senators who refuse to grant their consent to begin the debate, then Harry Reid needs to do something called "filing for cloture."
Let me stop here and say that this is the filibuster.
The lack of consent is the filibuster. One single solitary senator refusing to grant their consent is the filibuster.
Cloture is a mechanism to overcome the lack of unanimous consent, and it currently requires 60 votes. If Harry Reid can get 60 votes for cloture then he has simultaneously overcome a filibuster.
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A filibuster occurs whenever a single senator refuses to consent to a motion. It is upheld whenever 40 additional senators also refuse to offer their consent to a motion. It is broken whenever 60 senators agree to the motion. There is no talking involved or required.
We tried to change that in January, but too many Democratic senators like things the way they are.
http://www.boomantribune.com/story/2013/2/13/21495/6871