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.
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.