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View Diary: The bit of reality behind the Myth of 60 (202 comments)

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  •  Organiz res: 57 senateors to vote to close debate (2+ / 0-)
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    elishastephens, decisivemoment

    they could do that in the organizing resolution, voted on firth think in the Senate!

    80 percent of success is just showing up - Woody Allen.

    by Churchill on Mon Dec 08, 2008 at 09:40:30 AM PST

    •  I don't understand. Are you saying the number of (1+ / 0-)
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      votes needed for cloture is set in the organizing resolution for each session?

      •  Yes, each yr they set #, Sen Bill Frist wanted to (0+ / 0-)

        change that one a few years ago, to eliminate the fillibuster!  He didn't. but he threatened to do that!  It's a Senate rule and not in the US Constitution!

        80 percent of success is just showing up - Woody Allen.

        by Churchill on Mon Dec 08, 2008 at 09:58:40 AM PST

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        •  More complicated than that. (1+ / 0-)
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          It doesn't go in the organizing resolution, though there's nothing that says you couldn't try to put it in there.

          It'd be filibustered, though. A rules change ordinarily requires a 2/3 vote.

          But under a very narrow exception, it is possible to try to assert the constitutional prerogative to set the rules by a simple majority vote at the beginning of a new Congress.

          Of course, Dick Cheney will be the presiding officer at the beginning of the new Congress, so such a move would likely entail the Democrats asserting the right to change the cloture rules by majority vote, Cheney ruling that out of order, the Democrats moving to appeal the ruling of the chair and trying to garner 51 votes for doing that.

          It could work. But it's a far cry from what Bayh said, and I doubt very, very, very, very, VERY much that when he said what he did, he secretly meant essentially either exercising the nuclear option (if they do this at some later date, should Lieberman make it necessary) or even using this one very narrow (and rather arcane) exception. To use this exception is considerably more controversial than just getting rid of Lieberman at the outset. So if this is what he had in mind, he made it ten times more complex and controversial than it could have been. And that would be surprising, to say the least.

    •  Assuming (1+ / 0-)
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      That you wanted to do that - which I don't think you do, since it sets a terrible precedent - there would be noting procedurally wrong with the Republicans filibustering that organizing resolution, since (as a continuing body) the previous OR is in place until the next one is passed.

      AT&T offers exciting work for recent graduates in computer science. Pick up the phone, call your mom, and ask for an application.

      by Scipio on Mon Dec 08, 2008 at 09:56:56 AM PST

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