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To: rwfromkansas
As chair of the Senate, he can issue such rulings.

The Vice President can rule on questions of order. He cannot rule an action unconstitutional.

40 posted on 01/16/2005 2:43:13 PM PST by Non-Sequitur
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To: Non-Sequitur

Even if true, the courts would not intervene. That would be a political firestorm no judge would have the balls to get involved in.


42 posted on 01/16/2005 2:44:19 PM PST by rwfromkansas ("War is an ugly thing, but...the decayed feeling...which thinks nothing worth war, is worse." -Mill)
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To: Non-Sequitur
Here is how it works......

This is the so-called "nuclear option."

The way this procedural maneuver would work — as it did in 1975 — would be that, at the time of a cloture vote to end debate, the Senate majority would secure a ruling from the chair that Standing Rule XXII does not apply. The chair, likely the Vice President, would probably agree and rule in favor of the majority. The issue would then be brought to a vote, and the minority, probably through the Minority Leader, would note that the issue is debatable and, hence, also subject to a filibuster.

The parliamentarian, relying on Senate precedent, would agree. The chair would then recognize a non-debatable motion to table. At this point, the majority could overrule the anti-majoritarian precedent, uphold the ruling of the chair, and proceed to a final yea-or-nay vote on the original question by securing a simple majority vote in favor of the motion to table.

If all that seems complex, it is. But the basic import of such procedural maneuvering is that a simple majority of the current Senate can force a change in Rule XXII to reduce the supermajoritarian cloture requirement, thus making it possible to end debate by simple majority vote.

With a Senate minority now obstructing up-or-down floor votes on several judicial nominations and other nominations languishing for hundreds of days under the threat of filibusters, all while there is a vacancy crisis plaguing the federal appellate bench, the time has certainly come for the Senate majority to seriously consider re-exercising the "nuclear option."

The irony is that the very majoritarian rule suggested by the text of the Constitution is deemed "nuclear" by those who have sworn an oath to uphold "the supreme Law of the Land."

The Nuclear Option
51 posted on 01/16/2005 2:53:08 PM PST by MissouriConservative ( Do your duty in all things. You cannot do more; you should never wish to do less. - Robert E. Lee)
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