quorum - The number of Senators that must be present for the Senate to do business. The Constitution requires a majority of Senators (51) for a quorum. Often, fewer Senators are actually present on the floor, but the Senate presumes that a quorum is present unless the contrary is shown by a roll call vote or quorum call.
Further...
quorum call - A call of the roll to establish whether a quorum is present. If any Senator "suggests the absence of a quorum," the Presiding Officer must direct the roll to be called. Often, a quorum call is terminated by unanimous consent before completion, which permits the Senate to use the quorum call to obtain a brief delay to work out some difficulty or await a Senator's arrival.
It looks like your suspicion could be correct. A handful of Republicans could show up and without any dissent proclaim a quorum by unanimous consent. They could pass military funding, vote on judges and make mayhem. How delicious.
RULE VI
QUORUM—ABSENT SENATORS MAY BE SENT FOR
1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
2. No Senator shall absent himself from the service of
the Senate without leave.
3. If, at any time during the daily sessions of the Senate, a question shall be raised by any Senator as to the presence of a quorum, the Presiding Officer shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.
4. Whenever upon such roll call it shall be ascertained
that a quorum is not present, a majority of the Senators
present may direct the Sergeant at Arms to request, and,
when necessary, to compel the attendance of the absent
Senators, which order shall be determined without debate;
and pending its execution, and until a quorum shall be
present, no debate nor motion, except to adjourn, or to recess pursuant to a previous order entered by unanimous
consent, shall be in order.
From “STANDING RULES OF THE SENATE”
Looks like Chaney, the President of the Senate, is going to have some fun next weekend.
They could pass military funding, vote on judges ... open ANWR and new offshore areas for drilling, too? Oh boy!
Reid is threating to hold the Senate in pro forma session in which no business is conducted. Remember almost nothing gets done in the Senate without unamimous consent and the Majority Leader basically controls what is allowed to come to the floor. If nothing is schedule then no actions will occur the floor.
This is going to force the House to make arrangements also.
From the Senate Web site:
pro forma session - A brief meeting (sometimes only several seconds) of the Senate in which no business is conducted. It is held usually to satisfy the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other
“It looks like your suspicion could be correct. A handful of Republicans could show up and without any dissent proclaim a quorum by unanimous consent. They could pass military funding, vote on judges and make mayhem. How delicious.”
By the same token... Democrats could stay behind and pass an Iraq withdraw bill if they felt like it, too... This quorum by consent sounds like a disaster... The 51 present rule makes much more sense.
Sorry, but that wouldn't work. They would still have to get 60 votes to invoke cloture and bring anything to a floor for a vote. They could have quorum calls all day long and proclaim the senate to be in session, but they couldn't actually do anything.