“Nuclear” Option
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A Test for Bush's Republican Majority
Introduction Stiftung Wissenschaft und Politik German Institute for International and Security Affairs A Test for Bush’s Republican Majority The “Filibuster”-Debate in the U.S. Senate Michael Kolkmann SWP Comments Six months after the re-election of President George W. Bush many observers wonder whether and to what extent the Republican majorities on Capitol Hill are reliable and durable. The issue gained significance following the battle about the confirmation of several judges that were nominated by Bush to the Federal bench; Democratic Senators opposed these nominations and tried to block them by using the parliamen- tary instrument of the filibuster. A bipartisan agreement brokered by moderate Senators and signed on 23 May 2005 temporarily resolved the explosive divisiveness and conflict potential of the judicial nominations. The filibuster debate was the first and potentially foremost test for President Bush to determine how far he can count on his legislative majority in Congress in the upcoming legislative battles. The debate got heated when Democrats bloc. The filibuster debate presented a blocked the confirmation of seven judicial serious challenge for President Bush, nominees by Bush using the parliamentary because a successful filibuster would have instrument of the filibuster. A filibuster is slowed down or even prevented Senate typically an extremely long speech that action on Bush’s reform initiatives for his is used primarily to stall the legislative second term. process and thus derail a particular piece of legislation or a nomination introduced by the executive. The filibuster is possible Use of the “Nuclear Option”? because the legislative process in the Senate Republicans could decide to suspend the is governed by relatively liberal and flexible rules guiding the floor proceedings of rules—compared to the House of Represen- the U.S. -
The Capitol Dome
THE CAPITOL DOME The Capitol in the Movies John Quincy Adams and Speakers of the House Irish Artists in the Capitol Complex Westward the Course of Empire Takes Its Way A MAGAZINE OF HISTORY PUBLISHED BY THE UNITED STATES CAPITOL HISTORICAL SOCIETYVOLUME 55, NUMBER 22018 From the Editor’s Desk Like the lantern shining within the Tholos Dr. Paula Murphy, like Peart, studies atop the Dome whenever either or both America from the British Isles. Her research chambers of Congress are in session, this into Irish and Irish-American contributions issue of The Capitol Dome sheds light in all to the Capitol complex confirms an import- directions. Two of the four articles deal pri- ant artistic legacy while revealing some sur- marily with art, one focuses on politics, and prising contributions from important but one is a fascinating exposé of how the two unsung artists. Her research on this side of can overlap. “the Pond” was supported by a USCHS In the first article, Michael Canning Capitol Fellowship. reveals how the Capitol, far from being only Another Capitol Fellow alumnus, John a palette for other artist’s creations, has been Busch, makes an ingenious case-study of an artist (actor) in its own right. Whether as the historical impact of steam navigation. a walk-on in a cameo role (as in Quiz Show), Throughout the nineteenth century, steam- or a featured performer sharing the marquee boats shared top billing with locomotives as (as in Mr. Smith Goes to Washington), the the most celebrated and recognizable motif of Capitol, Library of Congress, and other sites technological progress. -
Annual Report, FY 2013
ANNUAL REPORT OF THE LIBRARIAN OF CONGRESS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013 ANNUAL REPORT OF THE LIBRARIAN OF CONGRESS for the fiscal year ending September 30, 2013 Library of Congress Washington, D.C. 2014 CONTENTS Letter from the Librarian of Congress ......................... 5 Organizational Reports ............................................... 47 Organization Chart ............................................... 48 Library of Congress Officers ........................................ 6 Congressional Research Service ............................ 50 Library of Congress Committees ................................. 7 U.S. Copyright Office ............................................ 52 Office of the Librarian .......................................... 54 Facts at a Glance ......................................................... 10 Law Library ........................................................... 56 Library Services .................................................... 58 Mission Statement. ...................................................... 11 Office of Strategic Initiatives ................................. 60 Serving the Congress................................................... 12 Office of Support Operations ............................... 62 Legislative Support ................................................ 13 Office of the Inspector General ............................ 63 Copyright Matters ................................................. 14 Copyright Royalty Board ..................................... -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION Vol. 158 WASHINGTON, TUESDAY, NOVEMBER 27, 2012 No. 149 Senate The Senate met at 10 a.m. and was COONS, a Senator from the State of Dela- A bill (S. 3637) to temporarily extend the called to order by the Honorable CHRIS- ware, to perform the duties of the Chair. transaction account guarantee program, and TOPHER A. COONS, a Senator from the DANIEL K. INOUYE, for other purposes. State of Delaware. President pro tempore. Mr. REID. Mr. President, I would ob- Mr. COONS thereupon assumed the ject to any further proceedings with re- PRAYER chair as Acting President pro tempore. spect to this bill at this time. The Chaplain, Dr. Barry C. Black, of- f The ACTING PRESIDENT pro tem- fered the following prayer: RECOGNITION OF THE MAJORITY pore. Objection is heard. The bill will Let us pray. LEADER be placed on the calendar. Eternal God, the source of our joy, Mr. REID. Mr. President, this is one thank You for this opportunity to call The ACTING PRESIDENT pro tem- of the must-do pieces of legislation we on Your Name. You have sustained this pore. The majority leader is recog- have to do before this calendar year Nation through the seasons of its exist- nized. ends. ence, and we are depending on You, f FINDING COMMON GROUND Lord, to guard our future with Your might. NATIONAL DEFENSE AUTHORIZA- Mr. REID. Mr. President, too often it As our Senators seek to do the work TION ACT FOR FISCAL YEAR is a challenge to find common ground of freedom, deepen their love for those 2012—MOTION TO PROCEED—Re- here in Washington. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
Download History of the House Page Program
HISTORY OF THE HOUSE PAGE PROGRAM CONTENTS Introduction 1 Page Origins 2 Page Responsibilities 7 Representatives as Role Models and Mentors 10 Page Traditions 12 Breaking Down Racial and Gender Barriers 17 Pages and Publicity 19 Schools, Dorms, and Reforms 21 Pages and the Communications Revolution 26 The End of the House Page Program 28 Notes 30 Pages wore lapel pins to identify themselves during work or to affiliate themselves with the Page program. Left, a National Fraternity of Pages pin owned by Glenn Rupp, a House Page in the 1930s, includes the date 1912, which may indicate the founding date of the organization. Middle, a Page pin from 1930 is more elaborately designed than the average uniform lapel pin and features an enamel shield with links attaching a pendant that indicates the date of service. Right, a pin from 100th Congress (1987– 1989) has a House seal in the center and is similar to those worn by Members on their own lapels. Page Pins, Collection of the U.S. House of Representatives i House Pages pose for a class photo on the East Front of the Capitol. Class Photo from The Congressional Eagle Yearbook, 2007, Collection of the U.S. House of Representatives For more than two centuries, young people served as Pages in the U.S. House of Representatives and enjoyed an unparalleled opportunity to observe and participate in the legislative process in “the People’s House.” Despite the frequent and colossal changes to America’s national fabric over that period, the expectations and experiences of House Pages, regardless of when they served, have been linked by certain commonalities—witnessing history, interacting with Representatives, and taking away lifelong inspiration to participate in civic life. -
The Filibuster and Reconciliation: the Future of Majoritarian Lawmaking in the U.S
The Filibuster and Reconciliation: The Future of Majoritarian Lawmaking in the U.S. Senate Tonja Jacobi†* & Jeff VanDam** “If this precedent is pushed to its logical conclusion, I suspect there will come a day when all legislation will be done through reconciliation.” — Senator Tom Daschle, on the prospect of using budget reconciliation procedures to pass tax cuts in 19961 Passing legislation in the United States Senate has become a de facto super-majoritarian undertaking, due to the gradual institutionalization of the filibuster — the practice of unending debate in the Senate. The filibuster is responsible for stymieing many legislative policies, and was the cause of decades of delay in the development of civil rights protection. Attempts at reforming the filibuster have only exacerbated the problem. However, reconciliation, a once obscure budgetary procedure, has created a mechanism of avoiding filibusters. Consequently, reconciliation is one of the primary means by which significant controversial legislation has been passed in recent years — including the Bush tax cuts and much of Obamacare. This has led to minoritarian attempts to reform reconciliation, particularly through the Byrd Rule, as well as constitutional challenges to proposed filibuster reforms. We argue that the success of the various mechanisms of constraining either the filibuster or reconciliation will rest not with interpretation by † Copyright © 2013 Tonja Jacobi and Jeff VanDam. * Professor of Law, Northwestern University School of Law, t-jacobi@ law.northwestern.edu. Our thanks to John McGinnis, Nancy Harper, Adrienne Stone, and participants of the University of Melbourne School of Law’s Centre for Comparative Constitutional Studies speaker series. ** J.D., Northwestern University School of Law (2013), [email protected]. -
The Rise of One-Party Rule in the Senate Charles Tiefer University of Baltimore School of Law
Roger Williams University Law Review Volume 24 | Issue 1 Article 3 Winter 2019 Deliberation's Demise: The Rise of One-Party Rule in the Senate Charles Tiefer University of Baltimore School of Law Kathleen Clark Washington University in St. Louis Follow this and additional works at: https://docs.rwu.edu/rwu_LR Part of the American Politics Commons, and the Legislation Commons Recommended Citation Tiefer, Charles and Clark, Kathleen (2019) "Deliberation's Demise: The Rise of One-Party Rule in the Senate," Roger Williams University Law Review: Vol. 24 : Iss. 1 , Article 3. Available at: https://docs.rwu.edu/rwu_LR/vol24/iss1/3 This Article is brought to you for free and open access by the School of Law at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized editor of DOCS@RWU. For more information, please contact [email protected]. Deliberation’s Demise: The Rise of One-Party Rule in the Senate Charles Tiefer* and Kathleen Clark** ABSTRACT Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of its agenda. -
“D. C. Update”—Hicks-Ray Associates
WESTCAS 2015 Fall Conference October 28, 2015 Tucson,Arizona Hicks-Ray Associates Focus of Today’s Discussion 1.Current Situation in Congress – the chaos, deadlines & challenges 2.Western Drought Bill – Opportunities for WESTCAS 3.FY16 Appropriations – Riders & western water regulation/funding The information we are about to impart can win you… a bet at a “Nerd Bar,” but it is impossible to discuss legislation or policy without having an overview of the “Big Picture” It wouldn’t This week: be Congress the election of a new Speaker of the House if there were This week: not looming Continuing Resolution to keep Transportation deadlines. Next week: Increasing the Federal Debt Limit December 11: CR for FY16 Appropriations expires One week before Christmas with President Obama pledging not to sign a further CR. Congress faces the following critical deadlines… Nov 1st – Dec 11th – Oct 29th – Debt CR Runs Trans CR Ceiling Out President says he will veto another CR, result: Gov’t shut-down Will we be treated to another Congressional display of chaos? Will we be treated to another Congressional display of chaos? Or will we enter a whole new age in political discourse? It is very likely that Congressman Paul Ryan will be elected Speaker this week. 247 – Number of 186 – Number of Republicans Democrats 433 186 – Number of 247 – Number of Democrats Republicans 433 Technically, all a Member needs is 50% plus 1 of the Caucus or 124 votes, to win the secret ballot. But the actual election of the Speaker takes place in public on the House floor with all Members having a vote. -
Researching Congressional Rules & Procedure
Researching Congressional Rules & Procedure This is a select list of resources for researching and understanding rules and procedures in the United States Congress. For finding other congressional documents related to rules and procedures (e.g., resolutions adopting or amending rules, Rules Committee reports, points of order documented in Congressional Record), the best online resources are ProQuest Congressional, Congress.gov, FDsys, and HeinOnline. Background and Explanation Walter J. Oleszek, Congressional Procedures and the Policy Process (10th ed. 2016) The best and most well-known book on congressional procedure. Charles Tiefer, Congressional Practice and Procedure: A Reference, Research, and Legislative Guide (1989) While a bit older, this book is a great in-depth examination of procedure. Barbara Sinclair, Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress (4th ed. 2012) Examines how procedure “really” works in Congress (compared to standard textbook descriptions) and how it has changed in recent years. It is well-known and heavily cited. The fifth edition will be published in July 2016. Charles Tiefer, The Polarized Congress: The Post-Traditional Procedure of Its Current Struggles (2016) This new book also examines how procedure has changed in recent years and how those changes have impacted lawmaking in Congress. CQ Guide to Congress (7th ed. 2013) A good, basic guide to Congress that includes several chapters on congressional procedure. Martin M. Gold, Senate Procedure and Practice (3d ed. 2013) Williams Reference, KF4982 .G65 2013 In-depth examination of procedures in the U.S. Senate specifically. Brown, Johnson & Sullivan, House Practice: A Guide to the Rules, Precedents, and Procedures of the House (2011) This guide is prepared by House parliamentarians and organizes the rules, precedents and procedures by topic. -
Filibusters, Cloture, and the “Nuclear Option”: the Current Debate Over Changing Senate Rules for Approving Judicial Nominations
Filibusters, Cloture, and the “Nuclear Option”: The Current Debate Over Changing Senate Rules for Approving Judicial Nominations March, 2005 Paul E. Stinson Janelle M. Smith Nixon Peabody, LLP © 2005. All Rights Reserved. Filibusters, Cloture, and the “Nuclear Option”: The Current Debate Over Changing Senate Rules for Approving Judicial Nominations March, 2005 © 2005, Nixon Peabody, LLP. All Rights Reserved. Abstract This background research paper examines the possible use of a simple majority vote rule to end filibusters of federal judicial nominees in the United States Senate. Recently, political controversy surrounding filibusters of presidential judicial nominations has prompted some Senators to suggest the use of a Senate procedure for ending filibusters by simple majority vote. Currently, Senate Standing Rule XXII requires a 60-Senator majority for ending debate upon a nomination, and a 67-Senator vote for ending debate on a motion to alter the Senate Rules themselves. This procedure, deemed the “constitutional” option by its supporters and the “nuclear” option by its detractors, is essentially a means for bypassing the Standing Rules through alternate Senate procedures such as rulings from the Chair, motions to table, modifications of Senate precedents, and Standing Orders. The debates over both the use of the filibuster and the use of the nuclear option raise significant questions of constitutional interpretation, the historical record, and the nature of the Senate itself. This paper presents an outline of the major issues surrounding both debates, as well as a description of the option and how it might be implemented. Part I presents a brief introduction. Part II explores the history of the filibuster. -
NOTABLE NORTH CAROLINA 12 Things to Know About Former North
NOTABLE NORTH CAROLINA 12 Things to Know About Former North Carolina 11th District Congressman and New Presidential Chief of Staff Mark Meadows1 Compiled by Mac McCorkle, B.J. Rudell, and Anna Knier 1. Friendship with His Recently Deceased Counterpart on the House Oversight Committee, Congressman Elijah Cummings (D‐MD) Despite political differences, Rep. Meadows and recently deceased Democratic Congressman Elijah Cummings (D‐MD) developed an uncommonly strong friendship that helped bridge partisan divides on the procedures of the House Oversight Committee. NPR | Washington Post 2. A Founder of the House Freedom Caucus Along with outgoing Chief of Staff Mick Mulvaney (a former South Carolina congressman), Rep. Meadows was one of the nine founding members of the conservative House Freedom Caucus in January 2015. Time | Washington Post | Pew Research Center 3. Support for Governmental Shutdown in the Cause of Limited Government A GOP attempt to stop implementation of the Affordable Care Act resulted in a 16‐day government shutdown in October 2013. As a newly elected representative, Rep. Meadows helped galvanize the effort by circulating a letter urging the GOP House leadership to take action. The letter gained signatures of support from 79 GOP House members. CNN | Fox News | New York Daily News | Asheville Citizen‐Times 4. Meadows Versus GOP House Speaker John Boehner On July 28, 2015, Rep. Meadows introduced H. Res. 385 to “vacate the chair”—a resolution to remove Speaker John Boehner. No House member had filed such a motion since 1910. Boehner announced his resignation as Speaker less than two months later on September 25, 2015. New York Times | National Review | Ballotpedia 1 For historical background on recent chiefs of staff, see Chris Wipple, The Gatekeepers: How the White House Chiefs Define Every Presidency (2017).