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

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  •  How would that work procedure-wise? (0+ / 0-)

    And when the repugs filibuster it, what can we hold up until the give us and up or down vote?

    •  There's precedent... (3+ / 0-)
      Recommended by:
      Caneel, delver, droat

      for invoking a constitutional prerogative for changing Senate rules by majority vote at the very beginning of a new Congress. But only then.

      The rules change would have to be proposed, as would the assertion that it could be adopted by a simple majority vote. Dick Cheney would still be entitled to occupy the chair at that point, though, so there'd be a slight complication.

      If he ruled that the change required a 2/3 vote under the Senate's standing rules, his ruling would be against precedent (both the actual precedent and the precedent by which presiding officers refrain from ruling on constitutional questions) and could be appealed and overridden by majority vote. Democrats in theory have got the votes to do that, but probably not the political will.

      But if they did overrule the chair, they would then proceed to have a vote on the new cloture rule, which would be adopted by majority vote. Probably over a Republican walkout, though again they wouldn't have the numbers to deny the Senate a quorum. Not by themselves, anyway.

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