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View Diary: John Boehner nixes filibuster reform (123 comments)

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  •  The rules don't have to say that (5+ / 0-)

    because the Constitution says nothing about it. The idea that the Senate is a "continuing institution" or whatever is a legal fiction. When you elect new people, you get new rules. On the first day of a new Congress, the Senate rules are a blank slate. After that, they do have to abide by rules they have passed for the remainder of that Congress.

    •  It's mostly governed by tradition. (1+ / 0-)
      Recommended by:
      La Gitane

      Generally, they tend to start with a framework of rules from the previous senate session.  Add, subtract or modify rules from that base.  It's not really a 'from scratch' proposition.

      Although it would be interesting if they threw out everything and made up a completely random set of rules.  If so, I would suggest they do something like this.  (Maybe it would make everyone a bit more civil?)

      Hell, it's been a tradition to make the chairperson of a committee one of the people assigned to the committee, but that's apparently been broken now.

      Longstanding institutions, whether governmental, educational, religious or private tend to contain traditions that are preserved for immense spans of the organization's existence.

      •  There is no "tradition" in the Constitution (0+ / 0-)

        We're not England; our Constitution is written down in ink, not hidden in conventions.

        Agreement to rules by the members of a body binds only that body. When the membership changes, anything that is not in the constitution or a law is exactly that — it's not a law.

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