Standing Rules of the United States Senate

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The Standing Rules of the Senate are the parliamentary procedures adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section 5 of the United States Constitution: "Each House may determine the rules of its proceedings..."

Contents

There are currently forty-four rules, with the latest revision having been adopted on January 24, 2013. [1] (The Legislative Transparency and Accountability Act of 2006 lobbying reform bill introduced a 44th rule on earmarks). The stricter rules are often waived by unanimous consent.

The Constitution provides that a majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed to be present unless a quorum call explicitly demonstrates otherwise. Any senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll of the Senate and notes which members are present. In practice, senators almost always request quorum calls not to establish the presence of a quorum, but to temporarily delay proceedings without having to adjourn the session. Such a delay may serve one of many purposes; often, it allows Senate leaders to negotiate compromises off the floor or to allow senators time to come to the Senate floor to make speeches without having to constantly be present in the chamber while waiting for the opportunity. Once the need for a delay has ended, any senator may request unanimous consent to rescind the quorum call.

During debates, senators may speak only if called upon by the presiding officer. The presiding officer is, however, required to recognize the first senator who rises to speak. Thus, the presiding officer has little control over the course of debate. Customarily, the majority leader and minority leader are accorded priority during debates, even if another senator rises first. All speeches must be addressed to the presiding officer, using the words "Mr. President" or "Madam President." Only the presiding officer may be directly addressed in speeches; other members must be referred to in the third person. In most cases, senators refer to each other not by name, but by state, using forms such as "the senior senator from Virginia" or "the junior senator from California."

There are very few restrictions on the content of speeches; there is no requirement that speeches be germane to the matter before the Senate.

The Standing Rules of the United States Senate provide that no senator may make more than two speeches on a motion or bill on the same legislative day. (A legislative day begins when the Senate convenes and ends when it adjourns; hence, it does not necessarily coincide with the calendar day.) The length of these speeches is not limited by the rules; thus, in most cases, senators may speak for as long as they please. Often, the Senate adopts unanimous consent agreements imposing time limits. In other cases (for example, for the budget process), limits are imposed by statute. In general, however, the right to unlimited debate is preserved.

The filibuster is an obstructionary tactic used to defeat bills and motions by prolonging debate indefinitely. A filibuster may entail, but does not actually require, long speeches, dilatory motions, and an extensive series of proposed amendments. The longest filibuster speech in the history of the Senate was delivered by Strom Thurmond, who spoke for over twenty-four hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957. The Senate may end a filibuster by invoking cloture. In most cases, cloture requires the support of three-fifths of the Senate; however, if the matter before the Senate involves changing the rules of the body, a two-thirds majority is required. Cloture is invoked very rarely, particularly because bipartisan support is usually necessary to obtain the required supermajority. If the Senate does invoke cloture, debate does not end immediately; instead, further debate is limited to thirty additional hours unless increased by another three-fifths vote.

When debate concludes, the motion in question is put to a vote. In many cases, the Senate votes by voice vote; the presiding officer puts the question, and Members respond either "Aye!" (in favor of the motion) or "No!" (against the motion). The presiding officer then announces the result of the voice vote. Any senator, however, may challenge the presiding officer's assessment and request a recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present. In practice, however, senators second requests for recorded votes as a matter of courtesy. When a recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; each senator responds when their name is called. Senators who miss the roll call may still cast a vote as long as the recorded vote remains open. The vote is closed at the discretion of the presiding officer but must remain open for a minimum of fifteen minutes. If the vote is tied, the Vice President, if present, is entitled to a casting vote. If the Vice President is not present, however, the motion is resolved in the negative.

On occasion, the Senate may go into what is called a secret or closed session. During a closed session, the chamber doors are closed and the galleries are completely cleared of anyone not sworn to secrecy, not instructed in the rules of the closed session, or not essential to the session. Closed sessions are quite rare and are usually held only under certain circumstances in which the Senate is discussing sensitive subject matter, such as information critical to national security, private communications from the president, or discussions of Senate deliberations during impeachment trials. Any Senator has the right to call a closed session as long as the motion is seconded.

Budget bills are governed under a special rule process called "Reconciliation" that disallows filibusters. Reconciliation was devised in 1974 but came into use in the early 1980s.

The Rules by number

There are the following Standing Rules of the Senate: [2]

  1. SR Rule I: Appointment of a Senator to the Chair
  2. SR Rule II: Presentation of Credentials and Questions of Privilege
  3. SR Rule III: Oaths
  4. SR Rule IV: Commencement of Daily Sessions
  5. SR Rule V: Suspension and Amendment of the Rules
  6. SR Rule VI: Quorum - Absent Senators May Be Sent For
  7. SR Rule VII: Morning Business
  8. SR Rule VIII: Order of Business
  9. SR Rule IX: Messages
  10. SR Rule X: Special Orders
  11. SR Rule XI: Papers - Withdrawal, Printing, Reading of, and Reference
  12. SR Rule XII: Voting Procedure
  13. SR Rule XIII: Reconsideration
  14. SR Rule XIV: Joint Resolutions, and Preambles Thereto
  15. SR Rule XV: Amendments and Resolutions
  16. SR Rule XVI: Appropriations and Amendments to General Appropriation Bills
  17. SR Rule XVII: Reference to Committees; Motions to Discharge; Reports of Committees; and Hearings Available
  18. SR Rule XVIII: Business Continued from Session to Session
  19. SR Rule XIX: Debate
  20. SR Rule XX: Questions for Order
  21. SR Rule XXI: Session with Closed Doors
  22. SR Rule XXII: Precedence of Motions
  23. SR Rule XXIII: Privilege of the Floor
  24. SR Rule XXIV: Appointments of Committee
  25. SR Rule XXV: Standing Committees
  26. SR Rule XXVI: Committee Procedure
  27. SR Rule XXVII: Committee Staff
  28. SR Rule XXVIII: Conference Committees; Reports; Open Meetings
  29. SR Rule XXIX: Executive Sessions
  30. SR Rule XXX: Executive Session - Proceedings on Treaties
  31. SR Rule XXXI: Executive Session - Proceedings on Nominations
  32. SR Rule XXXII: The President Furnished with Copies of Record Executive Sessions
  33. SR Rule XXXIII: Senate Chamber - Senate Wing of the Capitol
  34. SR Rule XXXIV: Public Financial Disclosure
  35. SR Rule XXXV: Gifts
  36. SR Rule XXXVI: Outside Earned Income
  37. SR Rule XXXVII: Conflict of Interest
  38. SR Rule XXXVIII: Prohibition of Unofficial Office Accounts
  39. SR Rule XXXIX: Foreign Travel
  40. SR Rule XL: Franking Privilege and Radio and Television Studios
  41. SR Rule XLI: Political Fund Activity; Definitions
  42. SR Rule XLII: Employment Practices
  43. SR Rule XLIII: Representation by Members
  44. SR Rule XLIV: Congressionally Directed Spending and Related Items

The latest change was the introduction in 2006 of a 44th rule on earmarks, by the Legislative Transparency and Accountability Act.

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