How Biden Could Fix the Senate

[tpsbmam]

By Bruce Ackerman

(Snips here -- interesting read.)

If Biden is willing to exercise the power granted him in the Constitution, he could do more than pass health care. He could undo the filibuster rules that threaten to deadlock our system of government.

The question of whether Congress will fulfill the dream of every modern Democratic president and pass health reform now rests on the intersection of two of the most complicated bits of congressional procedure -- the Senate's filibuster rule, which has become a 60-vote supermajority requirement, and the budget reconciliation process, which sets time limits for debate and thus can be a way around the filibuster. The current plan is to avoid the filibuster by having the House pass the bill that passed the Senate last year and then using reconciliation to make changes.

This complex, but entirely legitimate, approach makes an unelected employee of the Senate, the parliamentarian Alan Frumin, a critical figure in the weeks ahead. The parliamentarian polices the procedural rules governing the filibuster as well as what can be legitimately included in reconciliation.

But the parliamentarian doesn't have the last word on Senate procedure -- that power belongs to the vice president, Joe Biden, in his constitutional role as president of the Senate. (Emphasis mine.)

If Biden is willing to exercise the power granted him in the constitution, he could do more than pass health care. He could establish a precedent that would later help him limit the filibuster rules that threaten to deadlock our system of government. He would not be the first vice president to use his power for good in this way.

More at link: http://www.prospect.org/cs/articles?article=how_biden_could_fix_the_senate

[gateley]

1. He's said he's for re-vamping (my word) the filibuster rules. He said

in all his years in the Senate, he's never seen it so abused (he was pissed and disgusted).

If it were solely up to him, we know he'd do it, but ultimately he answers to the POTUS. I think Obama is of the same mind, and if he's not, I have no doubt Biden would have some serious discussions with him.

Just wish they'd hurry up!

[FBaggins]

2. If he's willing to lie... sure.

But that isn't a "power granted him in the Constitution"

[Initech]

3. Easiest way to fix the senate? Get rid of Lieberman.

[SlingBlade]

4. Simple ! Resign and hand the gavel over to Al Franken

Anyone who can tell Joe Lieberman AND Bill O'Riley to fuck off can't be all bad.

[Ozymanithrax]

5. Where in the Constitution is the Vice President given power to change Senate rules..

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

He presides over the Senate, though that his no longer done regularly and his place is taken by the President protempore. But I find nowhere that the VP, as President of the Senate, can change the rules of the senate by decree.

If that is possible, and has been done, can you provide a link?

[FBaggins]

6. That's what I was referring to in #2

He can make a ruling on what those rules are (essentially overruling the parliamentarian). A disagreement forces a vote that requires only a majority.

This was the "nuclear option" a few years back. The problem is that he would have to knowingly lie to claim that the rules are other than they clearly are.


It's the same thing as the Supreme Court ruling that there is no right against unreasonable search and seizure. There clearly IS, but they could lie and say that there isn't.