Yesterday (Feb. 5), the Republicans in the Senate blocked a Democratic attempt to begin debate on the the Warner-Biden Resolution, which opposes Bush's intended escalation of the War in Iraq. They accomplished this by getting more than the forty votes needed to defeat a Democratic motion to end debate on the "motion to consider" the Warner-Biden Resolution.
But the Democrats never needed a motion to end debate on the motion to consider, because they could have made a non-debatable motion to consider.
According to Senate Rule 8, any "motion to consider" which is made during the first two hours of a new legislative day is non-debatable. And if there is no debate, then there can be no motion to end debate, and therefore no possible filibuster. A simple majority is all that is needed to pass a non-debatable motion to consider.
Here is the exact text:
"All motions made during the first two hours of a new legislative day to proceed to the consideration of any matter shall be determined without debate, except motions to proceed to the consideration of any motion, resolution, or proposal to change any of the Standing Rules of the Senate shall be debatable. Motions made after the first two hours of a new legislative day to proceed to the consideration of bills and resolutions are debatable."
If there is any doubt that cloture applies only to debatable motions, the following words from Rule 22 -- the rule which governs cloture -- will confirm this fact:
"Is it the sense of the Senate that the debate shall be brought to a close?" These are the exact words which must be used in a motion for cloture; and these words would obviously be meaningless if applied to a non-debatable motion.
After debate on the Warner-Biden resolution begins, however, it would require a three-fifths vote to cut off debate and go to an immediate up-or-down vote.
The motion to end debate on a question being debated in the Senate -- which is frequently called "Cloture" -- requires a three-fifths majority to pass, under Senate Rule 22. By "Invoking Cloture" in this way, a sixty-vote majority can cut off debate and force an immediate up-or-down vote on a question which is currently being debated in the Senate. If, however, the motion to end debate fails to receive the necessary sixty votes, then debate can continue, perhaps indefinitely, and the up-or-down vote continues to be postponed. By this means, Democrats have postponed an up-or-down vote on several of the Bush nominations to fill vacancies in the Federal Courts.
But cloture could not possibly apply to a non-debatable motion, because the purpose of cloture is to cut off debate; and with a non-debatable motion, there is no debate to cut off.
Thus it appears to me that the Senate Republicans are pulling a flim-flam by pretending that they have the power to filibuster a non-debatable motion to consider, when they do not really have that power.
Blessings to you. May God help us all.
http://www.LoveAllPeople.org
Rev. Bill McGinnis is an Internet Christian minister, writer and publisher. He is Director of LoveAllPeople.org, a small private think tank in Alexandria, Virginia, and all of its related websites, including InternetChurchOfChrist.org,CommitteeForTheGoldenRule.org,CivicAmerican.com, and AmericanDemocrat.net. His agenda is to help maximize the happiness and well-being of all people. His blog is located at http://blog.myspace.com/revbillmcginnis
All I want to know is did the Republican thugs (Rethuglicans) use this tactic at all during the last 6 years?
If so, fair game. If not... well then, that would take a little thinking about.
Can one of you policy wonks who hangs out in the halls of congress answer this for me?
Thanks.
Charlie L
Portland, OR
P.S. Please don't get testy -- I consider "policy wonk" to be a glorious tribute and high form of praise, not a slander. Without you, there could never have been any WEST WING or AMERICAN PRESIDENT.
by
Charlie L (2 articles, 2 quicklinks, 1 diaries, 612 comments)
on Tuesday, February 6, 2007 at 10:11:22 AM
Maybe the Senate should hear from You Reverend Bill
The parliamentary measures are a dispicable showing of partisan obstructionism. America and the Senate in particular must show itself as a nation of patriots--rather than defile that faithful spirit of Americanism with partisanism. The Administration has created the environment of discord and strife amongst the Iraqi people and now attempts to cover the incompetence, prejudices and false dealings with plan which is limited to further military might. The nation must establish amnity amongst the people and direct policiesy which can conclude with the fundamental security of a nation and is suitable for all the people of the nation it set out to liberate. The Ameican nation cannot continue policies which present conflict as the resolution.
Our voices need be heard.....
There are very few men and women in America who believe the Iraq war is not worthy
of debate. They are the Republican Members of the United States Senate. Yesterday,
they did our country a grave disservice.
Republicans in the Senate voted to tie the hands of Congress and block a debate on
the war in Iraq. By voting against a real debate on Iraq, Republicans voted in favor
of the President's plan to escalate the war. Numerous Republican Senators are on the
record opposing this escalation. Do these Republicans stand with the President or do
they stand with the American people?
I know you cared enough to make your voice heard in this crucial debate. You are
one of the thousands who have responded to DSCC appeals over the past few weeks to
tell President Bush to stop his disastrous escalation in Iraq. Your support has
been so important to me and all of my colleagues in the Senate and I thank you.
Now, as Democrats facedown recalcitrant Republicans, I want you to stand with me in
sending them a message.
Click here to tell Senate Republicans to stop blocking debate on escalating the war
in Iraq - let's have an up or down vote on the President's plan.
Senate Republicans are obstructing the very change Americans demanded last November.
This was the first time the Senate had the opportunity to debate this war, but it
will not be the last. Democrats will not back down or let this issue fade away. The
consequences of inaction are far too dire.
176,471 of you signed our "No Escalation - No Way" petition. I read through many of
your comments. They were thoughtful and heartfelt, expressing concern for our troops
and our nation. Especially touching were the pleas from the parents of soldiers
currently serving in Iraq. One of them wrote: "My son is a Marine and has been in
Iraq 11 months . . . Let him come home and out of harms way. Don't make him serve
another term."
We need to respond with the same level of energy and commitment right now.
Click here to tell Senate Republicans to stop blocking debate on escalating the war
in Iraq - let's have an up or down vote on the President's plan.
There is one thing lacking in your proposal. It would take courage for the new Democratic majority to do it. The Democrats, when they move, move to the muffled beat of a diffident drummer.
by
larry278 (0 articles, 0 quicklinks, 0 diaries, 47 comments)
on Tuesday, February 6, 2007 at 6:04:32 PM
