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We. Are. Finished. With. DC. - Addendum Part 1

Civility: The Leftinistra Own None Of It
Civility: The Leftinistra Own None Of It Part 2(?)
Civility: Leftinistra Own None Part Three
Obama, Civility and The Clansmen of Dumb
Brain Dead Leftinistra: Their Stoic Civility
Libtards Have No Class - Civility Escapes Their Brain Deadness
The States Will Be the Next Battlefield in the Fight Over ObamaCare
War Is Coming: Blood On Our Own Streets - Thanks Democrats
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We Are In The Midst of Chaos and Civil War
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Live Free Or Die - The Movement Marches On
The Country Surrounds The City

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Is The Left Still “Proud To Be a Left-Wing Extremist”?
Be It Known - Attention Unconstitutional Congress
Obama: One Big Ass Mistake America
Do Birthers Rock and Roll or Stop and Drool?
Good vs Evil…It Is Your Choice
I Apologize For My Nation
Obama’s Civilian National Security Forces (CNSF)
Obama’s Brown Shirts - Civilian National Security Forces
What Is It About The American Liberal?
The Plan To Destroy America
Another Soldier Has Been Given the Haditha Treatment!
Callin’ All The Clans Together
Callin’ All The Clans Together Show
A History of the List of 45
Constitutionality: The Movement
Vindication: Iraq’s Saddam and Al Qaeda Links Revealed
Redefining The Center or the Moderate
The HIC (Hoax In Charge) Going To Copenhagen
We Didn’t Start This Goddamn War!

Copy Cat Frauds of the IAVA

Contract With America
Snooper’s Declaration of Independence
Thanks Obama

Contract From America

Timothy McVeigh
Thoughts To Ponder and Reflect Upon
Snooper Report Vindication: Al Qaeda, TWA Flight 800 and OKC Bombing
Clinton alludes to 1995 bombing, says words matter

Missing 13th Amendment
TITLES OF “NOBILITY” AND “HONOR” - The Missing 13th Amendment

The Coup
Military Coup Against Obama

The United States Constitution
Our founding document wasn’t set in stone for a reason

Deepwater Horizon
Did Hugo Chavez Sink the Deepwater Horizon Oil Platform?

MSLSD Lies
The New Right

Arizona Rising

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This is pretty much a bunch of CRAP, FYI HINT: “MOSTLY TRUE” is a “MOSTLY FALSE” deal which means “MOSTLY TRUE” is a LIE.
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Tuesday
Feb232010

Filibuster US Constitution Cloture Reconciliation Senate Rules

 

We are hearing quite a bit about the Filibuster.  We have been hearing a lot about Cloture.  We have also heard about changing the Senate Rules because of those damned Republicans.  Have you heard about the United States Constitution yet?  Well, here ya go Ed!

Below are the laws on the books, a few articles to read and a way to make up your minds.  I have already made mine.  Harry Reid says he can close the unconstitutional federal health care "law" by reconciliation.  I have no idea what he is talking about unless he makes the unconstitutional federal health care "law" part of the budget.

Read the items below...it is all in legalese so be careful...we will be talking about this on Wednesday evening on BTR.

Rules of the Senate PRECEDENCE OF MOTIONS

1. When a question is pending, no motion shall be received but To adjourn.  To adjourn to a day certain, or that when the Senate adjourn it shall be to a day certain.  To take a recess.  To proceed to the consideration of executive business.  To lay on the table.  To postpone indefinitely.  To postpone to a day certain. To commit.  To amend.  Which several motions shall have precedence as they stand arranged; and the motions relating to adjournment, to take a recess, to proceed to the consideration of executive business, to lay on the table, shall be decided without debate.

2. Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question:

"Is it the sense of the Senate that the debate shall be brought to a close?" And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn -- except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting -- then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of. 

Thereafter no Senator shall be entitled to speak in all more than one hour on the measure, motion, or other matter pending before the Senate, or the unfinished business, the amendments thereto, and motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. Except by unanimous consent, no amendment shall be proposed after the vote to bring the debate to a close, unless it had been submitted in writing to the Journal Clerk by 1 o'clock p.m. on the day following the filing of the cloture motion if an amendment in the first degree, and unless it had been so submitted at least one hour prior to the beginning of the cloture vote if an amendment in the second degree. No dilatory motion, or dilatory amendment, or amendment not germane shall be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.

After no more than thirty hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then actually pending before the Senate at that time and to the exclusion of all motions, except a motion to table, or to reconsider and one quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote begins. The thirty hours may be increased by the adoption of a motion, decided without debate, by a threefifths affirmative vote of the Senators duly chosen and sworn, and any such time thus agreed upon shall be equally divided between and controlled by the Majority and Minority Leaders or their designees. However, only one motion to extend time, specified above, may be made in any one calendar day.

If, for any reason, a measure or matter is reprinted after cloture has been invoked, amendments which were in order prior to the reprinting of the measure or matter will continue to be in order and may be conformed and reprinted at the request of the amendment's sponsor. The conforming changes must be limited to lineation and pagination.

No Senator shall call up more than two amendments until every other Senator shall have had the opportunity to do likewise.

Notwithstanding other provisions of this rule, a Senator may yield all or part of his one hour to the majority or minority floor managers of the measure, motion, or matter or to the Majority or Minority Leader, but each Senator specified shall not have more than two hours so yielded to him and may in turn yield such time to other Senators.

Notwithstanding any other provision of this rule, any Senator who has not used or yielded at least ten minutes, is, if he seeks recognition, guaranteed up to ten minutes, inclusive, to speak only.

After cloture is invoked, the reading of any amendment, including House amendments, shall be dispensed with when the proposed amendment has been identified and has been available in printed form at the desk of the Members for not less than twenty four hours.

1878-1920 March 8, 1917 Cloture Rule

Woodrow Wilson considered himself an expert on Congress—the subject of his 1884 doctoral dissertation.  When he became president in 1913, he announced his plans to be a legislator-in-chief and requested that the President’s Room in the Capitol be made ready for his weekly consultations with committee chairmen.  For a few months, Wilson kept to that plan.  Soon, however, traditional legislative-executive branch antagonisms began to tarnish his optimism. After passing major tariff, trade, and banking legislation in the first two years of his administration, Congress slowed its pace.

By 1915, the Senate had become a breeding ground for filibusters.  In the final weeks of the Congress that ended on March 4, one administration measure related to the war in Europe tied the Senate up for 33 days and blocked passage of three major appropriations bills.  Two years later, as pressure increased for American entry into that war, a 23-day, end-of-session filibuster against the president’s proposal to arm merchant ships also failed, taking with it much other essential legislation.  For the previous 40 years, efforts in the Senate to pass a debate-limiting rule had come to nothing.  Now, in the wartime crisis environment, President Wilson lost his patience.

Decades earlier, he had written in his doctoral dissertation, “It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees.”  On March 4, 1917, as the 64th Congress expired without completing its work, Wilson held a decidedly different view.  Calling the situation unparalleled, he stormed that the “Senate of the United States is the only legislative body in the world which cannot act when its majority is ready for action.  A little group of willful men, representing no opinion but their own, have rendered the great government of the United States helpless and contemptible.” The Senate, he demanded, must adopt a cloture rule.

On March 8, 1917, in a specially called session of the 65th Congress, the Senate agreed to a rule that essentially preserved its tradition of unlimited debate.  The rule required a two-thirds majority to end debate and permitted each member to speak for an additional hour after that before voting on final passage.  Over the next 46 years, the Senate managed to invoke cloture on only five occasions.

Reference Items:
U.S. Congress. Senate. The Senate, 1789-1989, Vol. 2, by Robert C. Byrd. 100th Cong., 1st sess., 1991. S. Doc.100-20.

Filibuster and Cloture

Using the filibuster to delay or block legislative action has a long history. The term filibuster -- from a Dutch word meaning "pirate" -- became popular in the 1850s, when it was applied to efforts to hold the Senate floor in order to prevent a vote on a bill.

In the early years of Congress, representatives as well as senators could filibuster. As the House of Representatives grew in numbers, however, revisions to the House rules limited debate. In the smaller Senate, unlimited debate continued on the grounds that any senator should have the right to speak as long as necessary on any issue.

In 1841, when the Democratic minority hoped to block a bank bill promoted by Kentucky Senator Henry Clay, he threatened to change Senate rules to allow the majority to close debate. Missouri Senator Thomas Hart Benton rebuked Clay for trying to stifle the Senate's right to unlimited debate.

Three quarters of a century later, in 1917, senators adopted a rule (Rule 22), at the urging of President Woodrow Wilson, that allowed the Senate to end a debate with a two-thirds majority vote, a device known as "cloture." The new Senate rule was first put to the test in 1919, when the Senate invoked cloture to end a filibuster against the Treaty of Versailles. Even with the new cloture rule, filibusters remained an effective means to block legislation, since a two-thirds vote is difficult to obtain. Over the next five decades, the Senate occasionally tried to invoke cloture, but usually failed to gain the necessary two-thirds vote. Filibusters were particularly useful to Southern senators who sought to block civil rights legislation, including anti-lynching legislation, until cloture was invoked after a 57 day filibuster against the Civil Right Act of 1964. In 1975, the Senate reduced the number of votes required for cloture from two-thirds to three-fifths, or 60 of the current one hundred senators.

Many Americans are familiar with the filibuster conducted by Jimmy Stewart, playing Senator Jefferson Smith in Frank Capra's film Mr. Smith Goes to Washington, but there have been some famous filibusters in the real-life Senate as well. During the 1930s, Senator Huey P. Long effectively used the filibuster against bills that he thought favored the rich over the poor. The Louisiana senator frustrated his colleagues while entertaining spectators with his recitations of Shakespeare and his reading of recipes for "pot-likkers." Long once held the Senate floor for 15 hours. The record for the longest individual speech goes to South Carolina's J. Strom Thurmond who filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957.

2 U.S.C. § 641 : US Code - Section 641: Reconciliation

(a) Inclusion of reconciliation directives in concurrent resolutions on the budget. A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall -
(1) specify the total amount by which -
(A) new budget authority for such fiscal year;
(B) budget authority initially provided for prior fiscal years;
(C) new entitlement authority which is to become effective during such fiscal year; and
(D) credit authority for such fiscal year, contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;
(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;
(3) specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or
(4) specify and direct any combination of the matters described
in paragraphs (1), (2), and (3) (including a direction to achieve
deficit reduction).
(b) Legislative procedure
If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a) of this
section, and -
(1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or
(2) more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations and submit such recommendations to the Committee on the Budget of its House, which, upon receiving all such recommendations, shall report to its House reconciliation legislation carrying out all such recommendations without any substantive revision.  For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.
(c) Compliance with reconciliation directions
(1) Any committee of the House of Representatives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the type described in paragraphs (1) and (2) of subsection (a) of this section with respect to laws within its jurisdiction, shall be deemed to have complied with such directions -
(A) if -
(i) the amount of the changes of the type described in paragraph (1) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under such paragraph by more than (!1)
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and
(ii) the amount of the changes of the type described in paragraph (2) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than (!1)
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and
(B) if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection.
(2)(A) Upon the reporting to the Committee on the Budget of the Senate of a recommendation that shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of that committee may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggregates to carry out this subsection.
(B) Upon the submission to the Senate of a conference report recommending a reconciliation bill or resolution in which a committee shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggregates to carry out this subsection.
(C) Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent resolution on the budget pursuant to section 632 of this title.
(D) Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall report revised allocations pursuant to section 633(b) of this title to carry out this subsection.
(d) Limitation on amendments to reconciliation bills and resolutions
(1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority or new entitlement authority may be in order.
(2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least equivalent to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.
(4) For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.
(5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction.
(e) Procedure in Senate
(1) Except as provided in paragraph (2), the provisions of section 636 of this title for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b) of this section and conference reports thereon.
(2) Debate in the Senate on any reconciliation bill reported under subsection (b) of this section, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.
(f) Completion of reconciliation process It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year.
(g) Limitation on changes to Social Security Act Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 632 or 635 of this title, or a joint resolution pursuant to section 907d of this title, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act [42 U.S.C. 401 et seq.].

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Reader Comments (5)

Good God.

My brains switched off about half-way down.

The Constitution does detail procedural rules. The procedure looks like a mix of custom and Code.

Custom and Code can be changed by Congress itself.

I think the Federal Government should have retained England's "convention" (custom) that a Bill must be read three times before it becomes law. If that were the case, your "little" health-care Bill would still be on it's first reading.

February 23, 2010 | Unregistered Commenterkris

sorry - typo fubars

the Constitution DOES NOTdetail procedural rules...

February 23, 2010 | Unregistered Commenterkris

By their own "rules", they cannot reconcile the unconstitutional federal health care Bill "reconciliation".

February 23, 2010 | Registered CommenterMark "Snooper" Harvey

The Democrats were screeming bloody murder when the Republican Majority was talking about the Nuclear Option. But then again we all know they are the big lying, whinning, snivling, hypocrites...

It is an un-Constitutional Bill that noone knows what's in it...

I just hope the Republicans don't get sucked into the snare the Demo's are setting up for them...

February 23, 2010 | Unregistered CommenterMAVsays

they will

February 23, 2010 | Registered CommenterMark "Snooper" Harvey
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