Totatly Deep in the Dirt Question about US Senate Rules / Filibuster
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Totatly Deep in the Dirt Question about US Senate Rules / Filibuster
It is my understanding that the Chairman at the time in the Senate can, at any time, declare a rule "out of order"
It is also my understanding, that historically, and by the Constitution, the Filibuster is not supported and in fact is "out of order" to the written word and the intent of the writers of said document.
Does Harris, as President of the Senate, have the balls to, as a last resort, blow up the Filibuster with and "out of order" ruling?
It is also my understanding, that historically, and by the Constitution, the Filibuster is not supported and in fact is "out of order" to the written word and the intent of the writers of said document.
Does Harris, as President of the Senate, have the balls to, as a last resort, blow up the Filibuster with and "out of order" ruling?
Re: Totatly Deep in the Dirt Question about US Senate Rules / Filibuster
Pretty confident they can’t do that but they can do it via a 50/50 vote
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Re: Totatly Deep in the Dirt Question about US Senate Rules / Filibuster
Can Vice President Kamala Harris save America end the filibuster by declaring it unconstitutional? Erwin Chemerinsky and Burt Neuborne write in the Los Angeles Times that it is, that she can, and that she should.
There is a clear next step in changing the Senate filibuster: Vice President Kamala Harris, as presiding officer of the Senate, can — and should — declare the current Senate filibuster rule unconstitutional. This would open the door for discussions on a new rule that would respect the minority without giving it an unconstitutional veto.
In 1957, Vice President Richard Nixon, sitting as presiding officer of the Senate, issued two advisory opinions holding that a crucial provision of the Senate’s filibuster rule — requiring two-thirds vote to amend it — was unconstitutional. Nixon’s constitutional determination was reaffirmed by subsequent vice presidents Hubert Humphrey and Nelson Rockefeller. In fact, it was this ruling that allowed both the Democratic-controlled Senate in 2013 and the Republican-controlled Senate in 2017 by a simple majority vote to eliminate filibusters for all executive and judicial nominees.
Harris possesses the same power to rule that the current version of the Senate filibuster, which essentially establishes a 60-vote supermajority rule to enact legislation in the Senate, is unconstitutional because it denies states “equal Suffrage in the Senate” in violation of Article V of the Constitution.
https://www.latimes.com/opinion/story/2021-03-22/kamala-harris-filibuster-unconstitutional
There is a clear next step in changing the Senate filibuster: Vice President Kamala Harris, as presiding officer of the Senate, can — and should — declare the current Senate filibuster rule unconstitutional. This would open the door for discussions on a new rule that would respect the minority without giving it an unconstitutional veto.
In 1957, Vice President Richard Nixon, sitting as presiding officer of the Senate, issued two advisory opinions holding that a crucial provision of the Senate’s filibuster rule — requiring two-thirds vote to amend it — was unconstitutional. Nixon’s constitutional determination was reaffirmed by subsequent vice presidents Hubert Humphrey and Nelson Rockefeller. In fact, it was this ruling that allowed both the Democratic-controlled Senate in 2013 and the Republican-controlled Senate in 2017 by a simple majority vote to eliminate filibusters for all executive and judicial nominees.
Harris possesses the same power to rule that the current version of the Senate filibuster, which essentially establishes a 60-vote supermajority rule to enact legislation in the Senate, is unconstitutional because it denies states “equal Suffrage in the Senate” in violation of Article V of the Constitution.
https://www.latimes.com/opinion/story/2021-03-22/kamala-harris-filibuster-unconstitutional
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