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View Diary: Why we need 60 votes for everything, in plain language (68 comments)

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  •  David Waldman explains... (3+ / 0-)

    "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

    by HeyMikey on Wed Dec 15, 2010 at 02:05:45 PM PST

    [ Parent ]

    •  actually he doesn't (0+ / 0-)

      never references my question.

      •  Look again. (0+ / 0-)

        From the link I provided:

        The Senate has, under Article I, Section 5, clause 2 of the Constitution, the right to determine its own procedural rules by majority vote. At the same time, it has adopted as one of its rules (Rule V) an explicit statement of the "continuing body" doctrine that says that because at least 2/3 of the Senate is always sitting in and sworn to office (since only 1/3 stand for election every two years), the Senate always has a continuous and uninterrupted quorum available to do business (a simple majority constitutes a quorum) and therefore continues to operate at all times, and brings its existing rules along for the ride.

        Since one of those continuing rules (Rule XXII) is the one that requires a 2/3 vote to invoke cloture on a rules change, it is assumed that there exists a tension between the majority vote right conferred by the Constitution and the 2/3 requirement. That tension has in the past been addressed by the recognition of a sort of magical window said to exist at the beginning of a new Congress, during which it is possible to operate outside of the restrictions of Rule XXII -- and indeed all existing Senate rules -- and have the Senate adopt its rules anew or amend them by a simple majority vote.

        "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

        by HeyMikey on Thu Dec 16, 2010 at 08:13:28 AM PST

        [ Parent ]

        •  magical windows and adopting their own rules (0+ / 0-)

          That proves my point, it's a self imposed rule that they can end at any time. Just an excuse to do the oligarchys bidding, needed that excuse when we had a majority of dems.

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