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Senate Changes in Rule XXII” of the John Marsh Files at the Gerald R The original documents are located in Box 9, folder “Congress - Senate Changes in Rule XXII” of the John Marsh Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 9 of The John Marsh Files at the Gerald R. 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E (Rf"soltJn,jj \ 1 4NITI'tt:le ·"' ,_, tS11s nn~ ;lF 779~J...IN'~ IP TA JIS J..FO - V 0 17;:"' F/tiL:S IF- NIJ J:>F4A--.rif'- tft:-s /S AhltAd De.i) l!ilr&IN~ ()y . - J fT*r~oL.e,~ 77;,., D Ei5"'7'-e. C 0~7"1 A/Vt!J Cj)tlf~ $ Tt1 / 1H 1H t' tft ~ti-f" Vllrti, /..$. 7'11CC'II/ .I ' ' ~--~---· \ • I "t: 0 \tJ ,... -..) {!. aJ 'o < z: t- I >"' d. Y1 ;;- .... l!J '<.:' IV d- 'i"" :j- <' f::f -J z: <:/. <:/:: H I ~ I \)_, ":::::. c \n ri) <tl;: l ~~..,. t- '- 0 -:: ':::;::.. 1- r1 ,.\ 1.L 'Z \L \l.i ll. <) /:) ....:c c:: <i Q I I I I THE WHITE HOUSE WASHINGTON January 10, 1975 MEMORANDUM FOR: AAcKMARSH PHIL BUCHEN /,l FROM: DICK CHENEY v The President wants to see the paper that is being prepared on what position we might want to take with respect to changes iD: Rule 22 in the Senate regarding filibusters. We may ultimately want a meeting on that sometime on Monday, but the paper that's now being worked on in conjunction with the Vice President ought to go to the President before anything is finally locked in. ·THE WHITE HOUSE WASHINGTON January 10, 1975 MEMORANDUM FOR THE PRESIDENT THROUGH: MAX L. FRIEDERSDORF FROM: WILLIAM T. KENDALL vtf. SUBJECT: The Rule XXII Resolution SUMMARY: An attempt will be made at the opening of the 94th Congress to amend Rule XXII of the Standing Rules of the Senate. The Resolution will provide that three-fifths, rather than the current two-thirds, of those Senators present and voting may invoke cloture and limit debate on a pending matter. First, this group may attempt to get the necessary two-thirds under old Rule XXII to stop a filibuster which will surely develop. Second$ they will attempt to combine a favorable Vice Presidential ruling on · the question with a Senate vote favoring that ruling in order to get a vote on the resolution. The scenario will probably be as follows for the second option: Senator Mondale will seek recognition following the opening formalities, having submitted written notice (under Rule XL} of his intention to amend a Senate rule. He will then seek to obtain assurances that transaction of business will not prejudice his right to consider a rules change; that by operating under the rules he is not acquiescing to those rules - particularly Rule XXII; and try to obtain assurances that Senate will adjourn, rather than recess, so that a legislative day will pass. (Rule XIV) On the second legislative day, Senator Mondale will request the presiding officer to lay the resolution before the Senate during the morning hour and at the conclusion of morning hour, the resolution will be placed on th~ .. -~~~ calendar. Mondale will then ask for its immediate consideration. ' The opponents will have these options: 1. Move to table motion to proceed. Majority needed. 2. Seek to defeat motion to take up resolution. Again a majority. Page 2 3. Raise a point of order against motion to consider. 4. Filibuster the motion to consider and/ or the resolution itself. Senator Mondale can respond in two ways to option 4. He can attempt to invoke cloture under the old rules {XXII). OR, he can attempt to combine a favorable Vice Presidential ruling with a Senate vote supporting that ruling. The Vice President can rule favorably or unfavorably. If he rules favorably. Senate will proceed with cloture vote and when a majority (but less than two-thirds) votes to invoke cloture, the Vice President will rule debate ended. This ruling will be appealed by the · opponents. Mondale will move to table the appeal. If the tabling is upheld, cloture is invoked and Mondale gets a vote on his original resolution {to change Rule XXII). If the Vice President rules unfavorably, the cloture vote proceeds. When a majority (but less than two-thirds) votes for cloture, Mondale will appeal the Vice President's contention that debate is not ended. The key . here is that Mondale' s appeal is subject to unlimited debate. Mondale needs a 11 friendly'' tabling motion to end debate on the appeal and needs a favorable vote on this to end debate. The only hope for Mondale under this option is for the Vice President, on appeal, to put the question to the Senate without debate (as Humphrey did in 1969).
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