[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[Senate]
[Pages S11591-S11592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     THE IMPORTANCE OF SENATE RULES

  Mr. REID. Mr. President, as the 109th Congress fades into memory and 
the 110th Congress comes into view, I want to say a few words about the 
importance of Senate rules. One of our finest accomplishments over the 
last 2 years was something that the Senate chose not to do. In May 
2005, the Senate turned aside the so-called nuclear option and decided 
to preserve the rules of the Senate which allow for extended debate on 
judicial nominations.
  Almost a century ago the Senate adopted rule XXII which formalized 
the principle of extended debate and established a balanced mechanism 
for limiting debate. The current version of rule XXII requires two-
thirds of the Senate to cut off debate on any change in the rules and 
three-fifths of the Senate to cut off debate on any other question 
before the body. The nuclear option would have forced a change in this 
venerable Senate rule by the brute force of a simple majority vote.
  The campaign to rewrite Senate rules was misguided from the start. It 
was a raw abuse of power fueled by a misreading of history. The Senate 
came dangerously close to adopting this plan. On the eve of the 
showdown vote, a courageous band of 14 Senators, 7 Democrats and 7 
Republicans, came together to derail it. They agreed to vote as a block 
against the nuclear option in exchange for an up-or-down vote on a 
handful of disputed court of appeals nominees.
  I feel very comfortable that had that vote occurred, this same result 
would have followed, but did I want to roll the dice on that? The 
answer is no. In the aftermath of that so-called Gang of 14 agreement, 
I was asked who won? I said the American people won. I am happy to 
report that commentators since then have also said that the American 
people won.
  Had the nuclear option prevailed, it is almost certain that other 
valuable Senate traditions would soon have fallen to political 
expediency, raw power, simple majority vote, and we would have become 
another House of Representatives. Confirmation of a handful of 
controversial court of appeals nominees was a small price to pay for 
preserving the sanctity of the Senate rules for future generations.
  The nuclear option was the most important issue I have worked on in 
my public life. Its rejection was my proudest moment as minority 
leader. I emerged from the episode with a renewed appreciation for the 
majesty of

[[Page S11592]]

Senate rules. As majority leader, I intend to run the Senate with 
respect for the rules and for the minority rights the rules protect.
  The Senate was not established to be efficient. Sometimes the rules 
get in the way of efficiency. The Senate was established to make sure 
that minorities are protected. Majorities can always protect 
themselves, but minorities cannot. That is what the Senate is all 
about. For more than 200 years, the rules of the Senate have protected 
the American people, and rightfully so.
  The need to muster 60 votes in order to terminate Senate debate 
naturally frustrates the majority and oftentimes the minority. I am 
sure it will frustrate me when I assume the office of majority leader 
in a few weeks. But I recognize this requirement is a tool that serves 
the long-term interest of the Senate and the American people and our 
country.
  It is often said that the laws are ``the system of wise restraints 
that set men free.'' The same might be said of the Senate rules.
  I will do my part as majority leader to foster respect for the rules 
and traditions of our great institution. I say on this floor that I 
love so much that I believe in the Golden Rule. I am going to treat my 
Republican colleagues the way that I expect to be treated. There is no 
``I've got you,'' no get even. I am going to do everything I can to 
preserve the traditions and rules of this institution that I love.
  The PRESIDING OFFICER. The Senator from Florida.

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