Critically, this post was made when control of the Senate was still in doubt. Now, of course, Harris' power is even greater.
The link at the end leads to the Senate rules, the very first of which reads:
I
APPOINTMENT OF A SENATOR TO THE CHAIR
- In the absence of the Vice President, the Senate shall choose a President pro tempore, who shall hold the office and execute the duties thereof during the pleasure of the Senate and until another is elected or his term of office as a Senator expires.
- In the absence of the Vice President, and pending the election of a President pro tempore, the Acting President pro tempore or the Secretary of the Senate, or in his absence the Assistant Secretary, shall perform the duties of the Chair.
- The President pro tempore shall have the right to name in open Senate or, if absent, in writing, a Senator to perform the duties of the Chair, including the signing of duly enrolled bills and joint resolutions but such substitution shall not extend beyond an adjournment, except by unanimous consent; and the Senator so named shall have the right to name in open session, or, if absent, in writing, a Senator to perform the duties of the Chair, but not to extend beyond an adjournment, except by unanimous consent.
As Hartmann argues, the condition upon which a President pro tempore can be appointed as leader of the senate, is that the Vice President is "absent." Since the Vice President is not absent, and indeed was a senator herself until just a few days ago, there seems no senate rule reason why V.P. Kamala Harris cannot become the Chair of the Senate as well, or at the very least, be able to appoint senator Schumer to the position, no matter what Minority Leader McConnell has to say. McConnell is the Minority Leader because Harris can cast the deciding vote in the senate, breaking a 50-50 tie. Next week, if McConnell won't get out of the way, she should use her powers to break the logjam. Clearly, McConnell and the republicans want to retain the 60-vote majority rule to prevent any legislation they don't like - including the $1.9t recovery package president Biden has proposed - from becoming law.
The republicans want Biden to fail. The traditional republican base of rich donors, which is the base McConnell is more comfortable with, not the rabble Trumpist base that swarmed the Capitol on January 6, is already whole, wealthier than ever, and disinclined to provide any more relief to the middle and working classes. They would prefer the country slip into recession, giving republicans a chance to take back the Senate and maybe even the House, in 2022.
Biden and Harris have to act aggressively to prevent this sabotage. They can not do what they usually do. Republicans fight to the death to retain power. Democrats just die. And out of power they rightfully should claim.
Right now, on Facebook, senator Schumer is making the case (last two minutes of an 8-minute speech) that McConnell should stop trying to prevent him from assuming full power as Majority Leader, a position that is supported both by precedent and senate rules. But what if "Grim Reaper" McConnell won't abide either of these? As Schumer himself points out, it is McConnell who has violated norms before, in over-riding the 60-vote majority rule to get over 300 judges appointed during Trump's term.
Biden may talk about unity and common purpose, but there is no common purpose with a party that only cares about power, not the good of the country or democracy.
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