Read on Twitter
1/18 Yesterday @gregolear published an article by @ThatShockratees which has the potential to be a game-changer for the senate by preventing Mitch McConnell from stonewalling the Biden agenda.
This thread provides additional analysis, clarification and citation to authority.
This thread provides additional analysis, clarification and citation to authority.
2/18 I have gone full circle from endorsing the idea, to expressing great skepticism and, after additional research, am back on the endorsing side. My compliments to @ThatShockratees
The analysis below *assumes* Rs retain the senate majority.
The analysis below *assumes* Rs retain the senate majority.
3/18 The published article talks about two things.
1. Delegation of the task of presiding over the senate.
2. Decisions by presiding officer as to which senator is recognized to speak.
The key is #2.
1. Delegation of the task of presiding over the senate.
2. Decisions by presiding officer as to which senator is recognized to speak.
The key is #2.
4/18 The Constitution says the VP presides over the senate’s daily affairs and if the VP is not present then the senate’s president pro tempore (and others designated by him) presides.
Cite: https://www.senate.gov/reference/Index/Vice_President.htm
Cite: https://www.senate.gov/reference/Index/Vice_President.htm
5/18 Note that the VP *has no power* to delegate the task of presiding. Currently the senate president pro tempore is Chuck Grassley (R). If McConnell ever presides over the senate’s daily affairs it is because he received a delegation of the power to do so from Grassley.
6/18 The written senate rules are online at
https://www.govinfo.gov/content/pkg/SMAN-113/pdf/SMAN-113.pdf
Index is on PDF p.115
Rule 19.1a (p.26) says in part "the Presiding Officer shall recognize the Senator who shall first address him."
https://www.govinfo.gov/content/pkg/SMAN-113/pdf/SMAN-113.pdf
Index is on PDF p.115
Rule 19.1a (p.26) says in part "the Presiding Officer shall recognize the Senator who shall first address him."
7/18 In 1937 a tradition began whereby the presiding officer would recognize the majority leader as first to speak on any issue. That tradition continues today. **The first senator to speak on an issue has tremendous power to game the system**.
8/18 Recognizing the majority leader as being allowed to speak first is referred to as “priority recognition”. This tradition (not a formal senate rule) is the source of much of McConnell’s power.
9/18 For example, here is an article explaining that the first senator to speak can control a bill by ‘filling the amendment tree’. https://www.everycrsreport.com/reports/RS22854.html
10/18 The gist of the article by @ThatShockratees is that VP Harris would apparently spend a lot of her time presiding over the Senate and would ignore the “priority recognition” tradition and recognize D senators to speak first.
11/18 What could go wrong with that plan?
Riddick’s Senate Procedure is online in searchable form at
https://www.congress.gov/resources/display/content/Senate
It includes both the precedents (ie traditions) and formal rules.
Riddick’s Senate Procedure is online in searchable form at
https://www.congress.gov/resources/display/content/Senate
It includes both the precedents (ie traditions) and formal rules.
12/18 Can an R senator raise a “point of order” when a D senator is recognized first? No. A senator that does not ‘have the floor’ cannot raise a point of order.
Cite: footnote 2
https://www.riddick.gpo.gov/UserData/SenateProcedures/Points%20of%20Order.pdf
Cite: footnote 2
https://www.riddick.gpo.gov/UserData/SenateProcedures/Points%20of%20Order.pdf
13/18 Eventually the presiding officer will have to recognize an R senator who would raise a point of order that the presiding officer was wrong to ignore the precedent of recognizing the majority leader as first to speak.
14/18 The presiding officer has the power to decide the point of order and is not required to submit that question for a vote by the senate. VP Harris would overrule the point of order.
Cite: See p.2
https://www.senate.gov/CRSpubs/f34838c9-bac5-400a-b4f2-76a9bea085b9.pdf
Cite: See p.2
https://www.senate.gov/CRSpubs/f34838c9-bac5-400a-b4f2-76a9bea085b9.pdf
15/18 Senate rules provide a broad right to appeal decisions by the presiding officer. However, there is a precedent that decisions about recognizing senators to speak cannot be appealed.
Cite: See footnote 10 p.3
https://www.riddick.gpo.gov/UserData/SenateProcedures/Appeals.pdf
Cite: See footnote 10 p.3
https://www.riddick.gpo.gov/UserData/SenateProcedures/Appeals.pdf
16/18_ Can an R senate majority vote to change the senate rules. No. Senate rule 22 requires 67 votes to close debate on a proposed rule change.
17/18 Are we done now? Is the **Shockratees Gambit** a winner? There are scholars that think the 67 vote rule is unconstitutional with respect to a newly formed senate.
Cite: https://www.democracyinitiative.org/news/entry/constitutional-scholars-its-entirely-possible-to-reform-senate-rules
Cite: https://www.democracyinitiative.org/news/entry/constitutional-scholars-its-entirely-possible-to-reform-senate-rules
18/18 Bottomline. Save me a seat in the gallery when VP Harris shows up to preside over the senate.
@threadreaderapp unroll
Here is the unroll link https://threadreaderapp.com/thread/1339309023976308739.html
