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Mon Dec 28, 2020, 10:20 PM

To those who believe that VP Harris can override a Republican Majority Leader...

Under the Constitution, the vice president serves as the president of the Senate and presides over the Senate's daily proceedings. In the absence of the vice president, the Senate's president pro tempore (and others designated by him) presides. As one of the Senate's constitutional officers, only the Vice President has the authority to cast a tie-breaking vote.

https://www.senate.gov/reference/Index/Vice_President.htm


Presides over the Senate. That means recognizes Senators to speak and calls for votes. It does not mean he/she gets to select what Bills will be brought up. That is a matter of Senate rules which are determined by the Senate Majority.

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Arrow 32 replies Author Time Post
Reply To those who believe that VP Harris can override a Republican Majority Leader... (Original post)
brooklynite Dec 2020 OP
FBaggins Dec 2020 #1
SCantiGOP Dec 2020 #2
Demonaut Dec 2020 #3
Docreed2003 Dec 2020 #4
tritsofme Dec 2020 #5
Docreed2003 Dec 2020 #9
tritsofme Dec 2020 #16
Hoyt Dec 2020 #6
dweller Dec 2020 #7
Hoyt Dec 2020 #10
FSogol Dec 2020 #31
sheshe2 Dec 2020 #8
Docreed2003 Dec 2020 #11
sheshe2 Dec 2020 #13
Docreed2003 Dec 2020 #15
RGTIndy Dec 2020 #32
MR. ELECTABLE Dec 2020 #12
Mr.Bill Dec 2020 #14
tritsofme Dec 2020 #17
LiberalFighter Dec 2020 #18
MiniMe Dec 2020 #19
LiberalFighter Dec 2020 #30
brush Dec 2020 #22
tritsofme Dec 2020 #23
brush Dec 2020 #24
tritsofme Dec 2020 #25
brush Dec 2020 #26
tritsofme Dec 2020 #27
FBaggins Dec 2020 #28
Tarc Dec 2020 #20
onenote Dec 2020 #21
Hortensis Dec 2020 #29

Response to brooklynite (Original post)

Mon Dec 28, 2020, 10:30 PM

1. It doesn't even mean " recognizes Senators to speak and calls for votes"

Unless the majority is willing to allow that.

The entire theory is roughly as nutty as the one that says that Pence can control which electoral votes get counted in states that Trump thinks were invalid.

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Response to brooklynite (Original post)

Mon Dec 28, 2020, 10:30 PM

2. Another misconception:

Most people think that McConnell would be in line behind Speaker of the House to become POTUS if Prez and VP were gone. It would be President Pro Tem, which is Grassley.

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Response to brooklynite (Original post)

Mon Dec 28, 2020, 10:34 PM

3. thank god the rules were never bent when trump was in office...sarcasm

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Response to brooklynite (Original post)

Mon Dec 28, 2020, 10:45 PM

4. While I agree with your point brooklynite, just to play devils advocate

Please point me to the part of the Constitution that says Jack crap about a "Senate Majority Leader".

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Response to Docreed2003 (Reply #4)

Mon Dec 28, 2020, 10:49 PM

5. Article I Section 5: Each House may determine the Rules of its Proceedings

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Response to tritsofme (Reply #5)

Mon Dec 28, 2020, 11:05 PM

9. I mean specifically "Senate Majority Leader"

it's why I put it in quotes...

Like I said, I agree with brooklynite's point, just playing devils advocate since this idea is being promoted in a bunch of circles. For VP Harris to do what some are suggesting would be to rewrite the role of VP as we have known it in the entirety of the Republic.

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Response to Docreed2003 (Reply #9)

Mon Dec 28, 2020, 11:30 PM

16. I'm not sure I understand the significance of the position being mentioned in the Constitution?

When the document already empowers each chamber to set its own rules.

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Response to brooklynite (Original post)

Mon Dec 28, 2020, 10:54 PM

6. Cracks me up when people believing there is some secret "passage" that

no one has ever thought of, or discovered, before.

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Response to Hoyt (Reply #6)

Mon Dec 28, 2020, 11:00 PM

7. It's revealed in that Nicholas Cage movie

when it’s played backwards ...

✌🏻

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Response to dweller (Reply #7)

Mon Dec 28, 2020, 11:05 PM

10. Ah, yes. Remember the secrets in Beatles' songs played backwards.

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Response to Hoyt (Reply #6)

Tue Dec 29, 2020, 02:35 PM

31. Wait! What's this switch!

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Response to brooklynite (Original post)

Mon Dec 28, 2020, 11:01 PM

8. I never saw people say that.

What I did read is if it is 50/50 (Georgia) Harris has the over riding vote. She could also call bills to the floor. I never saw people saying that she can over ride a MAJORITY leader, that is just silly.

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Response to sheshe2 (Reply #8)

Mon Dec 28, 2020, 11:07 PM

11. The idea is being pushed by some on the left

And Thom Hartmann has pushed this idea more than once in the past several weeks on his show, although I think wrongly. Suggesting that VP Harris should take on a role and authority that no other VP has ever done is ridiculous.

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Response to Docreed2003 (Reply #11)

Mon Dec 28, 2020, 11:19 PM

13. Thank you Docreed.

Thanks for clearing it up...Thom Hartman. Okay.

Happy almost New Year.

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Response to sheshe2 (Reply #13)

Mon Dec 28, 2020, 11:28 PM

15. Happy New Year to you and yours!!

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Response to Docreed2003 (Reply #11)

Tue Dec 29, 2020, 02:54 PM

32. I think the idea is that

 

the Constitution doesn't define "presides" and no one has ever pushed the issue. But, the Constitution doesn't create a roll for Senate Majority Leader at all. And yes, the Senate can make its own rules, but those rules would still have to not violate any other part of the Constitution. For example, Mitch couldn't have a Senate rule that said "Black Senators can't vote". The right to make your own rules is clearly not absolute. So the argument is that "presides" has a broader meaning and any rule that curtails that Constitutional provisions broader interpretation is itself unconstitutional. I'm not buying this argument, or selling it, but I think that's the gist of it.

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Response to brooklynite (Original post)

Mon Dec 28, 2020, 11:15 PM

12. If she can cast a tie-breaking vote, we will NOT have a republican majority...

If there are 50 republicans and 50 democrats, VP Harris' first vote will be the tie-breaker to make Charles Schumer the majority leader. If we lose either of the GA races, I am relatively sure that any need to cast a tie-breaker vote will not arise, since the last 4 years have proven that the republicans will vote in lock-step regardless of how "moderate" they pretend to be...

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Response to brooklynite (Original post)

Mon Dec 28, 2020, 11:27 PM

14. The question I have is

if the Senate is 50/50, who decides on committee chairmanships and committee memberships? Would Harris have a deciding role in that?

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Response to Mr.Bill (Reply #14)

Mon Dec 28, 2020, 11:32 PM

17. Committee memberships and compositions are set by the organizing resolution negotiated at the start

of the new session. As I recall in 2001, they agreed to have equal representation on committees with Republicans holding the gavels.

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Response to tritsofme (Reply #17)

Mon Dec 28, 2020, 11:41 PM

18. Because the VP was who then?

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Response to LiberalFighter (Reply #18)

Tue Dec 29, 2020, 12:07 AM

19. In 2001, it was Cheney

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Response to MiniMe (Reply #19)

Tue Dec 29, 2020, 02:18 PM

30. I knew that. Just wondering if the person I responded to knew.

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Response to tritsofme (Reply #17)

Tue Dec 29, 2020, 01:47 AM

22. Dems will be in the majority if we win both seats in Ga., thus will hold the Majority Leader post.

Whoever they vote in.

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Response to brush (Reply #22)

Tue Dec 29, 2020, 03:56 AM

23. Right...the question was regarding committee composition and chairs...

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Response to tritsofme (Reply #23)

Tue Dec 29, 2020, 04:01 AM

24. The majority party selects the committee chairs and appoints their...

choices to the committees—as per usual. The minority party will hold the ranking member seat and will appoint its members to the committee, also as usual.

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Response to brush (Reply #24)

Tue Dec 29, 2020, 04:15 AM

25. The composition of committees is subject to negotiation between the parties, and is reflected in the

organizing resolution. Larger majorities command a larger share of committee seats in negotiations, likewise for smaller ones. These negotiations are typically based on the precedent of partisan compositions from majorities of a similar size in the recent past.

The most recent 50-50 split was in 2001, as I mentioned, the negotiations yielded an even split in committee seats with Republicans holding the gavels, due to Cheney’s tie breaking vote for the majority. I would expect a similar arrangement in a 50-50 Senate in 2021.

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Response to tritsofme (Reply #25)

Tue Dec 29, 2020, 04:29 AM

26. I posted the majority party, which would be the Dems if we win Georgia,...

would hold the chairperson's gavel. That's not in dispute and any different from before. As for committee composition, precedent will surely be followed as you point out. I would think however, that the majority party would have a slight advantage as per chairs or what's the advantage of holding the majority?

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Response to brush (Reply #26)

Tue Dec 29, 2020, 04:38 AM

27. I never said anything differently. The only recent precedent is 2001, and committee membership was

split evenly. I would expect a similar split in 2021, with Democratic chairs.

You might find this CRS report on the 107th Congress interesting.

https://crsreports.congress.gov/product/pdf/RL/RL30881/4

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Response to Mr.Bill (Reply #14)

Tue Dec 29, 2020, 06:52 AM

28. The real answer is probably...

... Joe Manchin.

But I hope we find out.

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Response to brooklynite (Original post)

Tue Dec 29, 2020, 12:17 AM

20. Indeed. This stuff is about as bad as the wingnuts and Pence

They think the VP has some magic ability to discard electoral voted when the counting begins.

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Response to brooklynite (Original post)

Tue Dec 29, 2020, 12:23 AM

21. Thank you. I've been explaining this for weeks, but some DUers just don't get it.

Biden was in the Senate for 36 years. He was VP -- and thus "President" of the Senate -- for eight, including two years in which the Republicans controlled the Senate.

Anyone who thinks that Biden is going to have Harris spend all her time hanging around the Senate -- particularly when all she could do is follow the rules set by the Senate -- needs to revisit the real world.

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Response to onenote (Reply #21)

Tue Dec 29, 2020, 07:19 AM

29. :) As you say. Even if we get both GA seats, Harris is going to be extremely busy

as Biden's "assistant president," with a full and heavy agenda, visiting the senate only for special ceremonies. I imagine she'd be able to use both proxies and virtual voting if she chose and never have to be there physically to break ties.

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