AEI's Ornstein: Democratic Proposal to Extend Legislative Day 'Not Improper'

AEI's Ornstein: Democratic Proposal to Extend Legislative Day 'Not Improper'

January 04, 2011 5:24 pm ET by Joe Strupp


Two congressional experts have dismissed claims by some in the conservative media that the U.S. Senate is acting improperly or going against precedent as it considers a filibuster rule change by extending the Senate day and using a simple majority vote.

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Ornstein knocked down the conservative claim that the Senate is acting improperly by seeking to extend the Senate day beyond 24 hours: "the Senate has often defined a legislative day to last more than one day. This is unconventional, but not improper."

Steven Smith, a congressional expert and Washington University in St. Louis political science professor, agreed.

"It has been done hundreds of times, it is not improper and it is done in order for the convenience of the Senate," Smith said. "The rules allow for a certain number of activities that occur in each Senate day and a recess continues the legislative day from one calendar day to the next. That happens with considerable frequency. Both parties have availed themselves of that option with great frequency."

Both Ornstein and Smith also took issue with the contention that the Senate is a continuous body and thus rules cannot be changed with a simple majority. According to Ornstein: "It is the case as Tom Udall has pointed out pretty extensively that you are not moving into uncharted territory to say that the Senate is not a continuing body."

"The vice-president can declare it and Nelson Rockefeller and Hubert Humphrey have done it."

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http://mediamatters.org/blog/201101040027