BallparkGuys

Not so fast, Republicans. In the Constitution.

Posted By: DB 5

Not so fast, Republicans. In the Constitution. - 22/11/2020 17:49

And we know that Republicans always abide by the Constitution.

There will be a way to break McConnell's chokehold even if the Republicans maintain a Senate majority. To quote a post on FB by Linda Brown: "Even if the Democrats don’t win control of the Senate, there is a legal, Constitutional way to strip Mitch McConnell of his power for good: priority recognition.

According to Article I, Section 3, Clause 4 of the Constitution, the Vice President is also the President of the Senate. The Majority Leader is not a position that exists anywhere in the Constitution. The reason that the Majority Leader has near-dictatorial powers to control floor votes is because of a tradition that dates back to 1937. The tradition is that the Vice President gives the floor leaders priority recognition. Most notably, this is not a rule in the Senate.

As President of the Senate, Vice President Harris could give any senator priority recognition. That senator could then decide on all legislation that is brought before the entire Senate. Even with a minority in the Senate, Vice President Harris could simply give Chuck Schumer priority recognition. He could decide what is voted on and what isn’t.

This would change everything. Without Mitch McConnell to hide behind, the moderate Republican Senators would be forced to vote down every Cabinet member, bill, resolution, everything that Harris would want done. Without McConnell, anything even remotely popular with at least two senators would pass. Including getting a cabinet assembled.

I see some debate as to what the Senate rules do and due not permit. I encourage everyone to read this article on the actual written rules and why the Majority Leader is so powerful today. It should be noted, however, unlike the House of Representatives, a large part of the Senate rules is tradition. As Mitch McConnell will gladly tell you, tradition is not written rule.

Also, This wouldn’t be the first time Schumer has done something like this. And yes, while there’s the possibility of rule changes, they cannot change the Constitution. At the end of the day, Madame Vice President Harris is President of the Senate. Period. Not Mitch McConnell."

Ms.Brown is correct - this chokehold stands on a mere custom introduced in 1937.

[https://www.senate.gov/reference/Sessions/Traditions/Priority_recognition.htm](https://www.senate.gov/reference/Sessions/Traditions/Priority_recognition.htm)

Given the past, present and clearly intended future abuse of this custom by McC, VP Harris would be wise to adopt a different custom.
Posted By: BaseBawl

Re: Not so fast, Republicans. In the Constitution. - 22/11/2020 18:02

That's hella interesting. First I've heard of it. Obama should have trotted it out.
Posted By: DB 5

Re: Not so fast, Republicans. In the Constitution. - 22/11/2020 18:06

For Merrick Garland, BB.
Posted By: martin

Re: Not so fast, Republicans. In the Constitution. - 22/11/2020 22:21

Wouldn't doubt if they would do something like that.... fine but if the GOP has the majority they still have to vote and none of this stuff that th dumbocrats want to pass is what most americans want, It would be a disaster for the dumbocrats to have the GOP senators seen as saviors of the country by voting down all of the radical bills that nobody wants....
Posted By: pogo

Re: Not so fast, Republicans. In the Constitution. - 22/11/2020 22:34

The point being, if GOP Senators had to defend their positions based on the actual content of bills, appointments, and discussion, things would perhaps turn out differently.
Blockage based on Parliamentary procedures are subject to change. And some of these Sens. are up for election in a couple of years.
Who can say what the Trump shadow will be after he gives up? I give little credit to most GOP Senators. Surprise me - particularly if they are required to stand up.
Posted By: martin

Re: Not so fast, Republicans. In the Constitution. - 22/11/2020 22:49

Originally Posted by pogo
The point being, if GOP Senators had to defend their positions based on the actual content of bills, appointments, and discussion, things would perhaps turn out differently.




I understand that point pogo.... but not very many americans want that far left crap passed. The people that did actually vote for Biden were mostly voting against Trump not for Biden and certainly now for far left poilicies. the reason that they pushed Biden as a front man was because crazy Burneee was too radical to win anything.....

I'm telling y'all I'm not sure what is going to happen.... but this is not going to end well for any of us......
Posted By: carolina

Re: Not so fast, Republicans. In the Constitution. - 22/11/2020 23:02

OOOH, I'm scared.
Posted By: John Lease

Re: Not so fast, Republicans. In the Constitution. - 22/11/2020 23:19

Originally Posted by BaseBawl
That's hella interesting. First I've heard of it. Obama should have trotted it out.

Yep, that seems like a winner.
© 2021 BallparkGuys