[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 619 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
S. RES. 619

Expressing the sense of the Senate that the Senate of each new Congress 
             is not bound by the Rules of previous Senates.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2010

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

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the Senate that the Senate of each new Congress 
             is not bound by the Rules of previous Senates.

Whereas section 5 of article I of the United States Constitution states ``Each 
        House may determine the Rules of its Proceedings'', with no requirement 
        for a supermajority to adopt or amend the rules of either House;
Whereas it is a longstanding common law principle, upheld in Supreme Court 
        decisions such as United States v. Ballin, that one legislature cannot 
        bind subsequent legislatures;
Whereas advisory rulings by Vice Presidents Nixon, Humphrey, and Rockefeller, 
        sitting as the President of the Senate, have stated that a Senate at the 
        beginning of a Congress is not bound by the cloture requirement imposed 
        by a previous Senate and may end debate on a proposal to adopt or amend 
        the Standing Rules of the Senate by a majority vote; and
Whereas the provision in rule XXII that requires a two-thirds vote of Senators 
        present and voting to limit debate on a measure or motion to amend the 
        Senate Rules is unconstitutional because its effect is to deny a 
        majority of the Senate of each new Congress from proceeding to a vote to 
        determine its own rules: Now, therefore, be it
    Resolved, That the Senate of each new Congress is not bound by the 
rules of previous Senates and should, upon a motion by a Senator to 
bring debate to a close, if said motion receives the affirmative vote 
of a majority of the Senators duly chosen and sworn, proceed to 
determine the Rules of its Proceedings in accordance with section 5 of 
article I of the Constitution.
                                 <all>