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Edited on Fri Nov-12-04 02:32 PM by Walt Starr
Let's go to the constitution and the Senate rules, shall we?
First the constitutionality of the Senate Rules:
Article I. Section 5.
Clause 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Now the Senate rules in question:
Standing Rules of The Senate RULE XXII
PRECEDENCE OF MOTIONS
Section 2.
2. Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question:
"Is it the sense of the Senate that the debate shall be brought to a close?" And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn -- except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting -- then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.
<snip>
The constitution grants the power to the rules of the proceedings for the Senate to the Senate. The Senate has determined that altering the rules requires a vote of two-thirds of the voting members. The Senate has also determined that moving to close a debate in order to vote requires a three-fifths vote of the members of the Senate.
It would be unconstitutional for the Senate to ignore their rules in the matter of filibusters.
Trent Lott suggests ignoring the rules of the Senate AND THE CONSTITUTION with a dictatorship of the chair of the Senate.
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