The Rules of the Senate: What they are, why they matter, and how ...

[struggle4progress]

... they'll figure in the filibuster fight

By Chris Cillizza
Posted Wednesday, April 20, 2005, at 3:19 AM PT

<snip> In 1789, the Senate passed 20 rules to govern itself, a power given solely to it by Article 1, Section 5 of the Constitution. Since that time, there have been seven full-scale revisions of the rules—the most recent of which came in 1979—and numerous smaller changes and amendments. The rules, which cover everything from the language used to swear in new members to the value of gifts senators can accept, can be changed at anytime by a simple majority vote. If there is opposition to the change, a two-thirds vote is needed to end debate (or bring cloture, in Senate-ese). <snip>

Withholding unanimous consent is the strongest weapon Senate Democrats have should they choose to strike back against the nuclear option. Refusing consent for picayune bits of business such as the reading of the daily journal would effectively grind the Senate to a dead stop, leaving members unable to introduce new legislation until one side blinks. Putting a "hold" on a bill is a common way to deny unanimous consent, and any senator can do that by informing his party leader of his opposition. Democrats responding to the possibility of a nuclear option have said they will not bring the Senate entirely to a halt for any considerable period of time, but rather will pick their legislative battles.

Rule VI offers the Democrats another potential stalling tactic. It states that anytime the chamber is in session, a senator can suggest the absence of a quorum, or a simple majority. The roll is then called, and if 51 of the 100 members are not on the floor, the senators who are present can stop further debate until enough of their colleagues arrive to constitute a majority. Because there are rarely more than a few senators on the floor at any one time, except during scheduled votes, repeated requests for a quorum would delay legislation for days or even weeks, as well as infuriate senators by forcing them to troop constantly to the floor. <snip>

Rule changes are few and far between in the Senate because the votes of two-thirds of the members are needed to end debate and force a vote. The Republicans' nuclear option would be the exception to the rule (ahem). Instead of trying to directly change Rule XXII, a move that could be filibustered by his Democratic opponents, Frist will instead seek a ruling from the Senate's presiding officer on whether filibustering judges is unconstitutional. That judgment would be made by Vice President Dick Cheney, who oversees the Senate during major floor fights. If Cheney rules judicial filibusters unconstitutional—a move that itself cannot be filibustered, according to Ritchie—his decision could be upheld by a simple majority. Traditionally, neither party has fiddled seriously with the rules because of an understanding among senators that even the most durable majority won't last forever. We'll find out soon whether that understanding still holds. <snip>

http://slate.msn.com/id/2116907/

[LdyGuique]

1. Cool -- a good explanation of what the rules are

[Gothmog]

2. Nuclear winter

If the nuclear option is exercised, there are a large number of ways for the Democrats to shut down the senate.

[struggle4progress]

3. But they should say, "We're upholding the rules. We stand by ..

.. the rules. We're playing by the rules. We support the Senate rules ... "