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Response to Bob Munck (Reply #43)

Tue Nov 12, 2019, 03:21 PM

44. The specific provision about recording votes overrides any more general authority to keep the

"proceedings" secret. Put it this way: if the Senate amended its general rules by a 51-49 vote to keep votes secret, it wouldn't override the Constitutional provision requiring votes to be recorded if one-fifth of the Senate so requests.

I've yet to see any of those folks who claim that the vote can be made "secret" even mention Article I, Section 5. The author of the article cited by the OP is a lobbyist and public relations person with no legal training or experience.

Finally, some have cited secret jury deliberations as a "precedent" -- however, under both Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, a judge, upon request of either party to the trial, MUST poll the jurors individually.

It is inconceivable that the Senate would agree to a procedure under which no one (including any of the Senators themselves) knew who had voted and how without a way of confirming the result. And if the way individual Senators vote is known to other Senators there is no way that information remains "secret", and that fact alone will serve as a deterrent to any Republican voting against Trump in the hopes that their vote won't be made public.

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Arrow 47 replies Author Time Post
Dennis Donovan Nov 12 OP
Vinca Nov 12 #1
olegramps Nov 12 #14
PJMcK Nov 12 #36
Teach-only-love Nov 12 #23
olegramps Nov 13 #47
patricia92243 Nov 12 #2
Thomas Hurt Nov 12 #3
certainot Nov 12 #35
beachbumbob Nov 12 #4
onenote Nov 12 #5
crickets Nov 12 #13
Maru Kitteh Nov 12 #37
RKP5637 Nov 12 #6
brooklynite Nov 12 #7
lostnfound Nov 12 #8
whopis01 Nov 12 #17
uponit7771 Nov 12 #9
unblock Nov 12 #11
unblock Nov 12 #10
Layzeebeaver Nov 12 #12
Pacifist Patriot Nov 12 #25
Layzeebeaver Nov 12 #39
Hortensis Nov 12 #15
onenote Nov 12 #18
Hortensis Nov 12 #27
onenote Nov 12 #31
Hortensis Nov 12 #38
onenote Nov 12 #40
Hortensis Nov 12 #42
orangecrush Nov 12 #16
calimary Nov 12 #19
sandensea Nov 12 #20
bucolic_frolic Nov 12 #21
onenote Nov 12 #41
Firestorm49 Nov 12 #22
StarfishSaver Nov 12 #24
Pacifist Patriot Nov 12 #26
Baked Potato Nov 12 #28
Bob Munck Nov 12 #29
onenote Nov 12 #32
Bob Munck Nov 12 #43
LineLineLineLineNew Reply The specific provision about recording votes overrides any more general authority to keep the
onenote Nov 12 #44
tinrobot Nov 12 #30
Cosmocat Nov 12 #33
BadGimp Nov 12 #34
Qutzupalotl Nov 12 #45
Mike Niendorff Nov 13 #46
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