1) User’s Manual As To Why the Georgia Runoff May Not Determine Which Party Controls the Senate

2) It is often said that if the Senate winds up 50-50 after the Georgia runoffs, Democrats will have control of the Senate because of potential tie-breaking votes which can be cast by Vice President-elect & current Sen. Kamala Harris (D-CA).

3) Technically, that is correct. But a couple of points here:

Nowhere is it written in the Senate rules, Senate book of precedents or the Constitution that one party or the other is in the majority just because the Vice President is of the same side.

4) In fact, the concept of a “Majority Leader” didn’t even exist in the Senate until a little more than 100 years ago.

Moreover, it takes 60 votes to break a filibuster on most legislation and de facto operational control of the Senate.

5) So just because one side has “51” votes because of the Vice President doesn’t really help much.

2001 was the last time there was a tie in the Senate. Vice President Dick Cheney broke ties.

6) But then Senate Majority Leader Trent Lott (R-MS) and Minority Leader Tom Daschle (D-SD) worked out a power-sharing agreement agreed to and approved by the Senate. The sides had equal representation on committees.

7) Daschle, technically in the minority at the beginning of the Congress, had the right to bring up some bills on the floor. And, before the Congress was all over, the Senate “flipped” to Democratic control.

8) Sen. Jim Jeffords (I-VT) quit the GOP and became an independent, caucusing with the Democrats. Daschle became the Majority Leader.

The Senate was tied in 1881 at 37-37 with two independents. But the GOP finally persuaded one senator to side with them.

9) Then, two senators resigned. So Democrats had the majority. The sides worked out something of a power sharing agreement. But not one as sophisticated as the pact between Lott and Daschle.

Between 1953 and 1955, nine senators died over the course of a Congress.

10) The Senate “majority” in the 83rd Congress shifted a grand total of 12 times between Republicans and Democrats – or was tied.

11) The Congress began with Republicans in the majority. Then it broke to even. Then Democrats got control. Then back to a tie. Reverted to Democratic control. Switched back to even. Then Republicans got the majority. Then back to a deadlock...

12) Republicans then had the advantage. Then Democrats. Then back to a tie. Finally, Democrats had the majority.

13) Toward the end of the Congress, Senate Democratic Leader and future President Lyndon Johnson allowed Sen. William Knowland (R-CA) to continue as Majority Leader – even though the Democrats had more seats!

Knowland lamented his political hand during one notable exchange.

14) “I have the responsibilities of being the Majority Leader in this body without having a majority,” complained Knowland.

Johnson had none of it.

“If anyone has more problems than a Majority Leader with a minority, it’s a Minority Leader with a majority,” replied Johnson.

15) So, could Senate Majority Leader Mitch McConnell (R-KY) and Senate Minority Leader Chuck Schumer (D-NY) work out a similar power sharing agreement if the Senate is 50-50? Unclear.