Changing Senate Rules or Procedures: The “Constitutional” or “Nuclear” Option Page: 4 of 14
14 pages.View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Changing Senate Rules or Procedures: The
"Constitutional" or "Nuclear" Option
Introduction
The Senate is governed by the Constitution, the Standing Rules of the Senate,
permanent Standing Orders of the Senate (adopted in prior Congresses), temporary
Standing Orders of the Senate (adopted at the beginning of each Congress), and
statutes. It is also governed by precedents, which are decisions made by the presiding
officer of the Senate, or the body itself, concerning how its rules operate in practice.
The precedents tend to elaborate the Senate's understanding of its own rules. The
Standing Rules, for example, can be printed in 78 pages, while the most recent
collection of Senate precedents is 1,564 pages long. Precedents have tremendous
weight in deciding parliamentary questions in the Senate, and the presiding officer,
whether the Vice President or a majority party Senator, is expected to be guided by
these precedents when ruling on a pending question.
The Standing Rules of the Senate would seem to be the obvious place to start
if a Senator desired to change that chamber's procedures. If there is no substantial
opposition, the Standing Rules of the Senate can be changed by a simple majority
vote; there is no supermajority requirement for changing the rules. If, however, there
is opposition to the proposed rules change and if opponents seek to prevent a final
vote on the proposal by extended debate and amendment, known as a filibuster, a
supermajority requirement does exist for invoking cloture, or ending debate, on a
rules change. Senate Rule XXII, which sets out the process for invoking cloture,
requires that two-thirds of those present and voting (67 if all Senators participate)
vote to invoke cloture on a rules change.
This is a difficult threshold to meet; invoking cloture on all other measures or
matters requires a three-fifths vote of all Senators chosen and sworn (60 votes, if no
vacancies exist). Cloture on a proposal to change an existing Standing Order, or to
establish a new Standing Order, also requires this lower threshold. It should be noted
that the Senate uses Standing Orders to modify or set aside its standing rules without
doing so directly. S.Res. 445, in the 108th Congress, for example, inherently
superceded portions of Senate Rule XXV and Senate Rule XXVI, to establish a
committee on Homeland Security and Governmental Affairs without directly
amending the rules. A similar approach might be used to alter Rule XXII without
directly amending it.
The potential difficulty the elevated requirement for invoking cloture poses for
changing the Standing Rules, has led some to look at making changes in Senate
practice through proceedings that alter existing precedents or establish new ones.
Proceedings of this kind, it is argued, would both break old precedent and establish
new Senate precedents, and could have the effect of changing Senate practice.
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Palmer, Betsy. Changing Senate Rules or Procedures: The “Constitutional” or “Nuclear” Option, report, November 1, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc813015/m1/4/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.