[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 396 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
S. RES. 396

To enable each newly constituted Senate to carry out its responsibility 
  to determine the Rules of its Proceedings at the beginning of each 
                               Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2010

 Mr. Udall of New Mexico submitted the following resolution; which was 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
To enable each newly constituted Senate to carry out its responsibility 
  to determine the Rules of its Proceedings at the beginning of each 
                               Congress.

Whereas article I, section 5 of the United States Constitution provides that 
        ``Each House may determine the Rules of its Proceedings'';
Whereas it is a longstanding common law principle, upheld in Supreme Court 
        decisions, that one legislature cannot bind subsequent legislatures;
Whereas rule V of the Standing Rules of the Senate states that ``the Rules of 
        the Senate shall continue from one Congress to the next unless they are 
        changed as provided in these rules'';
Whereas rule XXII of the Standing Rules of the Senate requires an affirmative 
        vote of two-thirds of Senators present and voting to limit debate on a 
        measure or motion to amend the Senate Rules; and
Whereas rule V and rule XXII of the Standing Rules of the Senate, taken 
        together, can effectively deny the Senate the opportunity to exercise 
        its constitutional right to determine the Rules of its Proceedings under 
        article I, section 5, thus allowing one Congress to bind its successors: 
        Now, therefore, be it
    Resolved, That upon the expiration of the Standing Rules of the 
Senate at the Sine Die Adjournment of the 111th Congress, the Senate 
shall proceed in accordance with article I, section 5 of the 
Constitution to determine the Rules of its Proceedings by a simple 
majority vote.
                                 <all>