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To: Congressman Billybob
And it has long since been ruled that where the Constitution calls for a decision and does not specify a supra-majority, the usual rule applies, that it requires only a simple majority.

John, I yield to no one in my respect for your constititutional knowledge, but I think you are wrong, for two reasons.

Reason one: The current number of votes needed for the Senate to consent to a nomination is 51. The rule of the majority which you seem to think exists in penumbras and emanations of the treaty clause is in effect.

Reason two: Article I, s.5 constitutionalizes ANY rule the Senate makes about its internal proceedings. If you think Rule XXII has ever been ruled on by a court, I would love the cite. I think its a nonjusticeable question, and I would be very surprised if any Federal court would entertain a challenge.

8 posted on 04/20/2005 3:27:03 PM PDT by Jim Noble (Resistance to tyrants is obedience to God)
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To: Jim Noble
Reason two: Article I, s.5 constitutionalizes ANY rule the Senate makes about its internal proceedings. If you think Rule XXII has ever been ruled on by a court, I would love the cite. I think its a nonjusticeable question, and I would be very surprised if any Federal court would entertain a challenge.

The argument I would make is that because Congress is under no obligation to pass or even consider legilsation, rules which prevent such action from being taken in a timely manner are fine. On the other hand, the 'advise and consent' role of the Senate is explicitly mandated. Any rule which by design prevents such role from being fulfilled in a timely manner must therefore be, at best, suspect.

9 posted on 04/20/2005 3:51:57 PM PDT by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: Jim Noble
Neither I nor anyone else including the Supreme Court has dealt in any "penumbras" of the Advise and Consent Clause, which indludes the 2/3rds requirement for treaty ratification only. You might want to look at the SC case of (Senator) Goldwater v. (President) Carter and concerned the abrogation of the Panama Canal treaties.

That case hinged in part on the difference between a 2/3rds vote for treaties and a simple majority for other Senate decisions.

To prove the point that a Senate Rule cannot trump the Constitution itself, consider this: Senate Rule says, "No votes by women who happen to be Senators will be counted toward passing any legislation." Do you have the slightest doubt in such an instance that the Constitution governs, and the Rule would fall?

John / Billybob

11 posted on 04/20/2005 3:53:54 PM PDT by Congressman Billybob (Proud to be a FORMER member of the Bar of the US Supreme Court since July, 2004.)
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