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Is the Debt Ceiling Deal Being Contemplated a Violation of Senate Rules?

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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-31-11 10:45 PM
Original message
Is the Debt Ceiling Deal Being Contemplated a Violation of Senate Rules?
For those against the deal, how about some creative thinking on how it can be killed. Here's a thought:

The Senate requires a two-thirds majority to change any Senate rule. So, for instance, the reason neither party has been able to kill the filibuster is because it would take a 2/3 majority to do so, and that really hasn't been possible in recent political memory. Obviously, the minority party in the Senate has absolutely no interest in voting against the filibuster rule.

OK, so 2/3 majority to change a Senate rule.

So, the recommendations of the Joint Commission gets an automatic up-or-down vote in the Senate. Question, then: isn't that a *change* of a Senate rule for a single bill only? And if it is, doesn't that require that the bill going forth tomorrow gets a 2/3 majority in the Senate in order to be binding?

OK, so, say the bill going forward tomorrow is effectively just a cloture vote on the eventual Joint Commission recommendations. Sorry, but a cloture vote requires that an actual bill be filed for cloture. You can't act to move a bill forward that doesn't exist yet.

Just throwing this out there: I think any bill that includes a provision to eliminate cloture for a future bill constitutes a change to existing Senate rules, and may require a 2/3 majority for passage. perhaps somebody should pass the word on to Senator Sanders.

:-)
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-31-11 11:30 PM
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1. The senate can do just about anything by unanimous consent
Those who oloose the plan will still not block a vote on it.
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-31-11 11:33 PM
Response to Reply #1
2. This removes cloture in advance by legislation
That requires a 2/3 vote.

:-)
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 07:27 AM
Response to Reply #2
3. Legiation has impacted cloture rules before
And as I said, unanimous consent can do just about anything in the senate.
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