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7 - Inherited rules and procedural choice in the Senate

Published online by Cambridge University Press:  10 December 2009

Sarah A. Binder
Affiliation:
Brookings Institution, Washington DC
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Summary

In the older and better times of the Senate, it was

supposed that the representatives of sovereign

States, from a proper sense of what was due to them-

selves, as well as what was due to this body …

would restrain themselves from the excessive use of

irrelevant talking. Modern experience, however, has

shown that this feeling, as a restraint, is utterly in-

sufficient for the purpose of correcting this abuse.

Senator Willie Mangum, 1852

There comes a time when tradition has to meet the

realities of the modern age. The minority's rights

must be protected. The majority should not be able

to run roughshod over them, but neither should a

vexatious minority be able to thwart the will of the

majority and not even permit legislation to come up

for a meaningful vote.

Senator Tom Harkin, 1993

Diagnosing the ills of the Senate in 1852, Willie Mangum (Whig-North Carolina) warned the Senate that its venerable rules were incapable of meeting the Senate's “modern” needs. Nearly a century and a half later in 1993, Tom Harkin (D-Iowa) reached a similar conclusion: inherited rules were no match for new political conditions in the Senate. Harkin, of course, knew what Mangum and others had learned long before: Senate rules themselves make favored changes in chamber rules nearly impossible. As suggested in Chapters 2 and 3, the deck is stacked against procedural change in the Senate: chamber rules lack a previous question motion and the Senate is a “continuing body” that does not adopt new rules at the start of every Congress.

Type
Chapter
Information
Minority Rights, Majority Rule
Partisanship and the Development of Congress
, pp. 167 - 201
Publisher: Cambridge University Press
Print publication year: 1997

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