In recent years, the Senate has operated
under a filibuster rule that 60 votes are needed to end debate and bring an issue to a vote.
Not exact matches
But they had one problem: They held only 52 seats in the Senate;
under the usual legislative process, where a bill can be
filibustered and held up if 41 senators oppose it, Democrats could block any repeal plan.
A tough, shrewd, and principled Republican president might still get a constitutionalist judge through the Senate even
under those circumstances (though it might involve killing the
filibuster), but it would be a long, grinding battle.
Fast - tracking, according to journalist Dave Johnson enables Congress to agree «to set aside its duties
under Article 1 Section 8 of the Constitution and vote on TPP within 90 days of it being signed, to severely limit discussion and debate, not to
filibuster the agreement in the Senate and not to amend it not matter what problems turn up after the agreement is revealed».
After a series of
filibusters in the 1960s over civil rights legislation, the Senate put a «two - track system» into place in the early 1970s
under the leadership of Majority Leader Mike Mansfield and Majority Whip Robert Byrd.
Nevertheless,
under current Senate rules, a rule change could itself be
filibustered, requiring two - thirds of senators who are present and voting to end debate.
Budget bills are governed
under a special rule process called «Reconciliation» that disallows
filibusters.
«As a member of the bipartisan «Gang of 14,» I will follow our agreement that judicial nominees should be
filibustered only
under extraordinary circumstances,» Nelson said in a statement.
But he pointed hopefully to the power of the 48 - member Senate Democratic Caucus headed by Sen. Charles Schumer, who have enough votes
under the current rules to
filibuster most Republican legislation.
Under current Senate bylaws, Schumer could deploy a
filibuster to prevent a confirmation vote so long as 40 of his members support him.
Republicans reign in both wings of the Capitol, although Senate Minority Leader Charles Schumer «s 48 - member Democratic caucus has enough votes
filibuster most legislation
under current Senate rules.
Filibusters have spiked
under the Republican Senate minority in recent years, with an increasing number being used against high - level presidential nominees.
With Tuesday's victories
under their belt, it's conceivable that Republicans could secure enough support from moderate Democrats and independents to override a
filibuster from the Democratic minority, according to Nathan Richardson, an assistant professor at the South Carolina School of Law.
Of course,
under the Senate's arcane rules about a member's right to
filibuster any pending legislation, that still means getting 60 votes.
President Obama has had to resort to executive steps on climate change, like writing new carbon dioxide regulations, because the path to even modest legislative solutions (as on so many other issues) is blocked by the inevitability of
filibusters under the the 60 - vote supermajority in the Senate.
The action taken Thursday
under the Congressional Review Act, which allows lawmakers to overturn recently enacted federal regulations, prohibited a Senate
filibuster.