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Friday, November 22, 2013 12:05:43 AM
955, Understood. However, all of that refers to cloture and filibuster only and does not consider the constitutional option as it is. Cloture's super-majority vote can be obviated as a Senate rule during a Congressional session by employing the constitutional option.
This option is not exercised in one way, but has variations from simple to complex.
The information concerning the constitutional option was provided previously. Here it is again below with additional links for your consideration. The links move from simple to complex explanations.
http://www.brennancenter.org/blog/short-history-constitutional-option
http://en.wikipedia.org/wiki/Nuclear_option
http://fpc.state.gov/documents/organization/45448.pdf
See for the most complete detail: 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.
This option is not exercised in one way, but has variations from simple to complex.
The information concerning the constitutional option was provided previously. Here it is again below with additional links for your consideration. The links move from simple to complex explanations.
http://www.brennancenter.org/blog/short-history-constitutional-option
http://en.wikipedia.org/wiki/Nuclear_option
http://fpc.state.gov/documents/organization/45448.pdf
See for the most complete detail: 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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