Showing posts with label Parliamentary Rules. Show all posts
Showing posts with label Parliamentary Rules. Show all posts

Friday, October 7, 2011

IRCPPS in the Links: The "Nuclear Option" in the US Senate

In the Monkey Cage, Sarah Binder discusses the new precedent set by US Senate Majority Leader Harry Reid last night in relation to the ability of the minority party to add non-germane amendments to a bill post-cloture:
What exactly happened? In brief (well, Senate-style brief), Senate rules prohibit non-germane (unrelated) amendments on the Senate floor after cloture has been invoked on a bill.  In other words, unless all senators consent, senators can only offer germane amendments once debate has been limited on a bill.   McConnell and Reid appear to have been negotiating an agreement that would have allowed Republicans to offer seven non-germane amendments post-cloture.  But then a GOP senator moved to suspend the rules (which requires a two-thirds vote) so that he could offer non-germane amendments, including at least one related to the president’s jobs bill.   Frustrated with the Republicans’ tactics, Reid raised a point of order that the Republican motion was dilatory. Under Senate rules, dilatory motions are not in order once cloture has been invoked.  The parliamentarian advised the presiding officer to rule that the motion was in order, the presiding officer did just that, and a vote ensued on whether or not to sustain or overrule the chair’s ruling.  Appeals of the chair require only a majority vote to pass, and Reid mustered all the Democrats save Ben Nelson to vote to overturn the chair.   In practice, this means that the Senate tonight set a new precedent, by which I mean a new interpretation of the Senate cloture rule:  Under cloture, a motion to suspend the rules to offer a non-germane amendment may now be declared dilatory.  (If I’ve not quite nailed this down precisely, it’s because no one should try to disentangle Senate floor procedure after midnight.  Please do correct my errors!)