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View Diary: Will Ted Cruz filibuster his way to disaster? (78 comments)

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  •  Procedure on budgets (5+ / 0-)

    is kinda screwy. Basically, he can.

    It's true that you cannot filibuster a budget resolution in the Senate, because the Budget Act provides special rules for consideration of a budget resolution, including a time limit on debate. So the Senate can pass a resolution with only a majority vote.  However, the resolution does not take effect when the Senate passes it.  It takes effect in one of two ways: if the House and Senate pass an identical resolution, usually in the form of a conference report; or if the Senate passes a separate Senate Resolution (as opposed to a concurrent resolution, which is what a budget resolution is) that says the House is “deemed” to have agreed to the budget resolution passed by the Senate.

    But there are no special procedures for the simple Senate Resolution required by this second, “deeming” process, so it is subject to the unlimited debate allowed on almost everything in the Senate.  If you do not have the support of 60 Senators to invoke cloture and end a filibuster, or prevent a filibuster from even starting (because everyone knows  60 Senators support cloture), you cannot pass such a deeming resolution in the Senate.

    "The NSA’s capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything. [...] There would be no place to hide."--Frank Church

    by Joan McCarter on Thu Sep 19, 2013 at 01:02:40 PM PDT

    [ Parent ]

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