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Re: 955 post# 155690

Thursday, 11/21/2013 5:08:59 PM

Thursday, November 21, 2013 5:08:59 PM

Post# of 866796
The nuclear option/constitutional option allows a simple majority vote to change Senate rules and obviate cloture.

This allows the Democratic-controlled Senate to confirm presidential nominee Melvin Watt as the new FHFA Director. What impact this will have on the future of FNMA and FMCC, if the Democrats confirm him, will become apparent in the coming months as he settles in.

See: THE CONSTITUTIONAL OPTION TO CHANGE SENATE RULES AND PROCEDURES: A MAJORITARIAN MEANS TO OVER COME THE FILIBUSTER
http://www.law.harvard.edu/students/orgs/jlpp/Gold_Gupta_JLPP_article.pdf

Conclusion
Article I, Section 5 of the U.S. Constitution empowers the Senate
to “determine the Rule of its Proceedings.” In 1917 and on many
occasions since 1917, the Senate has debated whether this
constitutional rulemaking power allows a simple majority to alter the
Senate’s Standing Rules at will. At least four times, changes to the
Senate Standing Rules were influenced by attempts to use the
constitutional option. And throughout Senate history, a simple
majority has changed Senate procedures governing debate by setting
precedents or adopting Standing Orders that altered the operation of
the Standing Rules without amending their actual text. Over two
centuries, the Senate’s constitutional rulemaking power has been
exercised in a variety of ways to change Senate procedures. As
Senate parliamentary process further evolves, this power plainly will
be exercised again. At issue is when, how, and to what effect.


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