(PRWEB) May 23, 2005
The "Nuclear Option" is clearly illegal under Senate Rule XXII. And any Senator who supports it violates his oath to support the Constitution.
The so-called "Nuclear Option" would attempt to change the existing Senate rules for cutting off debate, by having the presiding officer simply declare that filibustering judicial nominations is out of order. Then, according to this plan, a simple majority would be sufficient to uphold the ruling of the chair. And the deed would be done. Senate rules changed by a false ruling from the chair,
upheld by a simple majority.
Wrong: Here's why . . .
The U.S. Constitution gives the Senate the authority to establish its own rules.
Article I, Section 5
Clause 2: "Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member."
U. S. Senate Rule XXII clearly specifies that a two-thirds vote is
required to amend the Senate rules, and that the existing rules require a three-fifths vote to cut off debate on any matter.
These are the exact words contained in the existing Senate Rules:
2. Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question:
"Is it the sense of the Senate that the debate shall be brought to a
close?" And if that question shall be decided in the affirmative by
three-fifths of the Senators duly chosen and sworn -- except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting -- then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.
Senators who support the "Nuclear Option" are in violation of their oaths of office.
The U. S. Constitution requires that every Senator must take an oath "to
support this Constitution." (Article VI, Clause 3) Since the Nuclear
Option is in violation of Senate rules, (as we have already shown)' and
since the Constitution specifies that the Senate rules are authoritative, (as we have already shown); then any senator who supports the Nuclear Option cannot be supporting the Constitution and is thus in violation of his oath of office.
Blessings to you. May God help us all.
Rev. Bill McGinnis, Director
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