The constitution does not, nor would it, detail every permitted action. This is like saying that oral arguments before the Supreme Court are not constitutional, as it’s not written in there.
“The constitution does not, nor would it, detail every permitted action. This is like saying that oral arguments before the Supreme Court are not constitutional, as it’s not written in there.”
Exactly. The Framers may have intended for laws to pass by simple majority, but who’s to say when a majority can properly be counted? What if a ragtag group of senators gather on the capital steps and count hands? Does constitute a proper vote? No, because Senate rules forbid it. Votes have to be counted in a certain way under certain conditions.
The Constitution also does NOT give the Supreme Court the authority to overrule a properly passed law. That is action the Court arrogated to itself. But if the Court did determine to wade into the business of either House, It’s likely those Justices who voted in contravention to the rulemaking abilities of those bodies would find themselves up on impeachment charges and likely removed.