[Congressional Record Volume 156, Number 123 (Tuesday, September 14, 2010)]
[Senate]
[Page S7094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  SENATE RESOLUTION 619--EXPRESSING THE SENSE OF THE SENATE THAT THE 
   SENATE OF EACH NEW CONGRESS IS NOT BOUND BY THE RULES OF PREVIOUS 
                                SENATES

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

                              S. Res. 619

       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.

                          ____________________